Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Westbury, BA13 4LX
Cement Works and Premises / Pipeline and Appurtenances / Quarry and Premises Decided 26 March 2021 25383369 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 to reduce the RV of the cement works from £1,010,000, arguing the works were redundant and converted to a depot following closure in April 2009, with the pipeline and quarry no longer operational. The tribunal found insufficient evidence of an overt act rendering the works incapable of beneficial occupation as at 1 April 2010, and dismissed the appeals for that date. However, from 31 December 2010, when the pipeline was severed by third-party interference, the tribunal agreed the cement works should be revalued to £610,000 to reflect removal of clinker production items and partial change to depot use, accepting the VO's revised assessment.
Summary generated from the decision text and checked against it. The appellant was Lafarge Tarmac Cement & Lime Ltd, represented.
Grounds argued
- Rental evidence
- Change of circumstances
- Validity of the proposal
- Relief or exemption
- Change of circumstances
- pipeline severance, closure of chalk extraction
- Evidence
- Expert report, Trading accounts
- Cases cited
- Cemex UK Operations Ltd v O'Dwyer; Celsa Steel (UK) Ltd v Stephen Clive Webb; Robinson Bros v Durham Assessment Committee; Monk v Warbey
- 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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