Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Westbury, BA13 4LX
Cement Works and Premises; Pipeline and Appurtenances; Quarry and Premises Decided 26 March 2021 23506439 Newmark
Figures are as stated in the decision, and are values in the 2010 list; a dash means the document does not state that figure. This judgement decided 7 properties together and does not tie its figures clearly to this appeal, so the figures above are for the first property it lists. Every property is listed below.
The 7 properties in this decision
One judgement covered all of these appeals. Each property’s figures as the judgement states them (2010 list); this appeal’s property is highlighted.
| Property | Original RV | Sought | Tribunal decided | Outcome |
|---|---|---|---|---|
| Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Wilts BA13 4LXThis appeal | £1,010,000 | £214,000 | £1,010,000 | Dismissed |
| Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Wilts BA13 4LX | £1,010,000 | £1 | £1,010,000 | Dismissed |
| Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Wilts BA13 4LX | £1,010,000 | £1 | £610,000 | Allowed in part |
| Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Wilts BA13 4LX | £1,010,000 | £1 | £610,000 | Allowed in part |
| APCM, Westbury Cement Works Quarry, Westbury, Wilts BA13 3AY | £61,000 | £0 | £61,000 | Dismissed |
| APCM, Westbury Cement Works Quarry, Westbury, Wilts BA13 3AY | — | — | — | Agreed at hearing |
| Blue Circle Industries Limited, Westbury Down, Westbury, Wilts BA13 4LX | £66,500 | £1 | £66,500 | Dismissed |
What was argued and what the tribunal found
The appellant sought reduction of the cement works from £1,010,000 to nominal value as at 1 April 2010, arguing the works were closed and incapable of beneficial occupation, and that the pipeline and quarry were obsolete. The tribunal found insufficient evidence that the works had been rendered permanently redundant by 1 April 2010, as demand rather than physical redundancy had caused closure, and dismissed the appeal for that material day. However, by 31 December 2010 the pipeline had been severed when a third party used part of it as a conduit for water supply, severing the link to chalk slurry supply. The tribunal allowed the appeal in part, altering the list to £610,000 RV with effect from 31 December 2010 to reflect removal of clinker production elements and the partial change to cement depot use.
Summary generated from the decision text and checked against it. The appellant was Lafarge Tarmac Cement & Lime Ltd, represented.
Grounds argued
- Change of circumstances · decisive
- Building works or disturbance nearby
- Rental evidence
- Valuation method
- Change of circumstances
- pipeline severance / loss of chalk slurry supply
- Evidence
- Expert report, Rents, Settled assessments
- Cases cited
- Cemex UK Operations Ltd v O'Dwyer; Celsa Steel (UK) Ltd and Stephen Clive Webb; Monk v Warbey; Robinson Bros v Durham Assessment Committee
- Hearing
- 18 March 2021
Similar decisions
- Broadlands Barn, Ashley, Box, SN13 8AN — Allowed in part, 9 Jan 2023
- UNIT 23, DUNKIRK BUSINESS PARK, Frome Road, Frome Road, BA14 9NL — Dismissed, 30 Aug 2022
- Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Westbury, BA13 4LX — Dismissed, 26 Mar 2021
- Apcm Westbury Cement Works Quarry, Westbury, Wilts, Wilts, BA13 3AY — Dismissed, 26 Mar 2021
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