Portland Cement Manufacturers (A), Trowbridge Road, Westbury, Westbury, BA13 4LX
Cement Works and Premises; Pipeline and Appurtenances; Quarry and Premises Decided 26 March 2021 25499208 GERALD EVE
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 3 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant contended that the cement works, pipeline and quarry had fundamentally changed use and were no longer capable of beneficial occupation as at 1 April 2010, seeking a nominal value. The tribunal found insufficient evidence that the cement works had been rendered incapable of beneficial occupation on that date; the closure was due to economic factors (demand for cement) rather than permanent changes in character. However, by 31 December 2010, the pipeline had been severed by a third party's water main installation, breaking the link between quarry and works. The tribunal allowed an alteration to reflect the removal of clinker production elements and partial change to cement depot use, adopting the respondent's valuation of £610,000 from that date.
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
- Building works or disturbance nearby
- Change of circumstances
- pipeline severance, closure of quarry and production plant
- Evidence
- Expert report, Trading accounts
- Hearing
- 18 March 2021
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