Controversial Cumbernauld council tax appeal thrown out by court

A Cumbernauld man has contested his council tax banding via a Hamilton-based appeals court but his attempt to see him charged the same rate as his neighbours was thrown out.

Christopher Quinn (30) of 34 Cairngorm Gardens in Balloch believed that the Lanarkshire Valuation Joint Board was wrong to place him in the Band C category.

First time buyer Mr Quinn whose home has two bedrooms had discovered that other residents in the street, including those in bigger homes had been classified as Band B and believed he was being ripped off.

However, assessors knocked back the claim.

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Self-employed painter and decorator Mr Quinn said: “The assessor said I was correct at Band C because he found one open market sale at 34 Ben Nevis Way which he said was similar to my house and was a Band C.

“This was not even in my street. He has ignored all the houses in my street and other legal documents too and been totally selective. He informed me he did not have the resources to look at houses in my street!’’ he claimed.

Mr Quinn has even reported the board to the Ombudsman but this too was thrown out as it was not judged to be a complaint regarding poor administration or service failure.

A spokesman for the LVJB said: “The committee after taking up all the evidence presented to them dismissed the appeal. Mr Quinn had the opportunity to appeal the decision to the Court of Session on a point of law. He did not do this. Mr Quinn has lodged voluminous levels of correspondence on this matter with LVJB, each of which has been answered appropriately. Unfortunately the answers given were not the ones he was looking for. There are many factors which affect the value of a house and these include location, size, layout and degree of modernity. These factors are appropriately reflected in the banding of council tax throughout Lanarkshire,’’ he said. The spokesman admitted that apparent inconsistencies could appear within each band but as levels had been set back in 1993, a full re-evaluation could only take place via a change in the law.