Tribunals · Kirklees Council · 2010 rating list

Cherry Tree, John William Street, HD1 1BG

Public house and premises Decided 11 May 2021 25248569 BNP Real Estate - Birmingham

OutcomeAllowed in partThe tribunal reduced the rateable value, but by less than the ratepayer sought.
Original RV£111,000
Ratepayer sought£64,750
VO conceded first£91,000−18% before the hearing
Tribunal decided£78,000from 1 Apr 2010

Figures are as stated in the decision; a dash means the document does not state that figure.

What was argued and what the tribunal found

The appellant (J D Wetherspoon Plc) challenged the rateable value of the Cherry Tree public house, arguing that the fair maintainable trade (FMT) adopted by the Valuation Officer was excessive and underpinned by the operator's brand and trading practices rather than reflecting what a hypothetical tenant could achieve. The tribunal found that neither party's proposed adjustment for overtrading (appellant 45-60%, VO 37-50%) was correct, and determined the FMT lay between the two positions. The appeal was allowed in part, reducing the RV to £78,000 from the original £111,000.

Summary generated from the decision text and checked against it. The appellant was J D Wetherspoon Plc, represented.

Grounds argued

  • Comparable assessments (tone)
  • Valuation method
Evidence
tone_of_list_comparables, Settled assessments
Hearing
26 April 2021

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The tribunal’s decision in full

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