Apcm Westbury Cement Works Quarry, Westbury, Wilts, Wilts, BA13 3AY
Cement Works and Premises Decided 26 March 2021 25385071 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 | £1 | £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 | — | £1 | — | Other |
| 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 claimed the cement works was no longer capable of beneficial occupation as a works on 1 April 2010 and sought a nominal RV of £1 (later £214,000). The tribunal found insufficient evidence of an overt act changing the character of the hereditament at that date, as the plant remained capable of operation and the company still held planning permission for integrated operation with the quarry and pipeline. However, by 31 December 2010, the pipeline was severed (preventing chalk slurry transport), fundamentally altering the integrated production chain. The tribunal accepted that clinker production items should be removed from the valuation, allowing the RV to be reduced from £1,010,000 to £610,000 with effect from 31 December 2010 to reflect 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
- Valuation method
- State of repair or deletion
- Change of circumstances
- pipeline severance / loss of raw material supply
- Evidence
- Expert report, Trading accounts, Settled assessments
- Cases cited
- Cemex UK Operations Ltd v O'Dwyer; Celsa Steel (UK) Ltd and Stephen Clive Webb; Robinson Bros v Durham Assessment Committee; Monk v Walmer
- 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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