VA96.4.016 & VA96.4.017&VA93.4.015 & VA93.4.016 – East Link Ltd.

• Appeal Number: VA96.4.016 & VA96.4.017&VA93.4.015 & VA93.4.016
• Year: 1998
• Date: 11 May 1998
• Court: Valuation Tribunal
• Respondent: Commissioner of Valuation
• Appellant: East Link Ltd.

Appeal No. VA96/4/016 &

VA96/4/017 ; VA93/4/015 &

VA93/4/016

AN BINSE LUACHÁLA

VALUATION TRIBUNAL

AN tACHT LUACHÁLA, 1988

VALUATION ACT, 1988

East Link Ltd. APPELLANT

and

Commissioner of Valuation RESPONDENT

RE: Tolls of Toll Road (pt. of) & Advertising Stations at

VA93/4/015 - York Road, Ward: Pembroke East A,

VA96/4/016 - York Road, Ward: Pembroke East A,

Tolls of Toll Road (pt. of) at

VA93/4/016 - (Easement), Ward: North Dock B,

VA96/4/017 - (Easement), Ward: North Dock B2, County Borough of Dublin

Rateable Occupation and quantum

B E F O R E

Liam McKechnie - Senior Counsel Chairman

Con Guiney - Barrister at Law Deputy Chairman

Barry Smyth - FRICS.FSCS Member

JUDGMENT OF THE VALUATION TRIBUNAL

ISSUED ON THE 11TH DAY OF MAY, 1998

By Notices of Appeal dated respectively 1st day of November 1993 and the 12th day of August

1996, the Appellant Company appealed against the determinations of the Commissioner of

Valuation in fixing the following rateable valuations on the above described hereditaments:-

2

VA93/4/015 - £4,750

Results of first appeal - 5th day of October 1993

VA93/4/016 - £250

VA96/4/016 - £10,260

Results of first appeal - 29th day of July 1996

VA96/4/017 - £540

Background:-

1. The background setting giving rise to these appeals lies in the enactment of the

Local Government (Toll Roads) Act 1979 the relevant provisions of which, for the

purposes of this judgement are, as follows:-

(a) Section 2 of this Act empowers a Road Authority, within its administrative

area, to charge and collect tolls in respect of the use of a toll road and to

provide and maintain ancillary buildings and structures,

(b) Under Section 3 each such authority has the power to make a scheme for the

establishment of a system of tolls in respect of the use of any public road

(Toll Scheme). That scheme when made, must be submitted to the Minister

for the Environment who may approve of the toll scheme with or without

modifications or who may refuse to approve it,

(c) Under Section 5, bye-laws can be made for the purposes of the operational

management of any such toll road and,

(d) Under Section 9 where a Toll Scheme has been approved by the Minister, a

Road Authority may enter into an agreement with any other person or body

for all or any of the purposes as specified in sub-sections 1 and 2 thereof.

These purposes cover the actual provision of toll roads, ancillary structures

and the cost thereof, the cost of maintenance and improvement, the making,

levying and collection of the tolls and amount thereof and finally the

application of the proceeds of such tolls.

It was under and pursuant to the provisions of this Act that the agreement next

hereinafter mentioned was entered into and executed by the parties thereto.