Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Westbury, BA13 4LX

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
• Apcm Westbury Cement Works Quarry, Westbury, Wilts, Wilts, BA13 3AY — Allowed in part, 26 Mar 2021
• Apcm Westbury Cement Works Quarry, Westbury, Wilts, Wilts, BA13 3AY — Dismissed, 26 Mar 2021

All decisions in Wiltshire Council · Industrial and warehouses nationally