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 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 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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- Apcm Westbury Cement Works Quarry, Westbury, Wilts, Wilts, BA13 3AY — Dismissed, 26 Mar 2021
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