Mr Cathal McGovern (Appellant) and The Commissioner of Valuation for Northern Ireland (Respondent)

JurisdictionNorthern Ireland
JudgeMr O'Neill
Judgment Date09 November 2022
Neutral CitationNIVT 42/21
Date09 November 2022
CourtValuation Tribunal (NI)
1
NORTHERN IRELAND VALUATION TRIBUNAL
THE RATES (NORTHERN IRELAND) ORDER 1977 (AS AMENDED) AND THE
VALUATION TRIBUNAL RULES (NORTHERN IRELAND) 2007 (AS AMENDED)
CASE REFERENCE NUMBER: 42/21
CATHAL MCGOVERN APPELLANT
AND
COMMISSIONER OF VALUATION FOR NORTHERN IRELAND -RESPONDENT
Northern Ireland Valuation Tribunal
Chairman: Mr Charles O’Neill
Members: Mr Christopher Kenton FRICS
Date of hearing: 21 June 2022, Belfast
DECISION
The unanimous decision of the tribunal is that the subject property is properly included in
the valuation list and that the Appellant’s appeal is dismissed.
REASONS
Introduction
1. This is (subject to the observations made below) a reference under Article 54 of
the Rates (Northern Ireland) Order 1977 as amended (“the 1977 Order”). This
matter was listed for hearing on 21 June 2022.
2. Unfortunately, the lay member who was due to attend this hearing was unable to
attend on the day due to illness. In accordance with Rule 4 of the Valuation
Tribunal Rules (NI) 2007 hearings may be considered and determined by the
Legal and the Valuation Member sitting together without a lay member with the
consent of the parties. Both the Appellant and the Respondent confirmed that
they were content to the matter proceeding on this basis.
3. The hearing proceeded by way of a hybrid hearing in which the Legal Member of
the Tribunal and the Appellant and his wife (and the tribunal clerk) were present
in the tribunal room and the Valuation Member appeared by video link. The
respondent was represented by Mr Jeffrey and Ms Graham who appeared by
video link.
4. The hearing was conducted in accordance with the Northern Ireland Valuation
Tribunal Remote Hearing Protocol dated 24 September 2020. All parties were
content to proceed on this basis.
5. This appeal is in respect of the valuation of a property situated at 98 Sandhurst
Drive, Belfast, BT9 5AZ (the subject property).

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