Tribunals · Basildon Borough Council · 2010 rating list

Ubb Mechanical Biological Treatment Facility, Courtauld Road, SS13 1FL

Waste Recycling Plant and Premises Decided 13 March 2023 29151244 Wilks Head & Eve LLP

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.
Original RV—
Ratepayer sought—
VO conceded first—
Tribunal decided£890,000

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

UBB (Essex) Construction JV challenged the VO's alteration creating a new entry of £890,000 RV for a waste recycling plant, seeking deletion or a nominal £1 RV. The Tribunal found the facility constituted a rateable hereditament as UBB was in actual beneficial occupation on the material date (30 November 2015), having been certified ready for occupation a year earlier. Although the facility's bio-halls were undersized due to design errors and it could not meet contractual performance targets with Essex County Council, this did not render it non-rateable or economically obsolete. The Tribunal rejected the nominal valuation sought, finding comparable waste facilities existed and sustained that the £890,000 RV was not excessive. Both the deletion and Basildon Council's challenge appeals were dismissed.

Summary generated from the decision text and checked against it. The appellant was UBB (Essex) Construction JV, represented.

Grounds argued

  • Relief or exemption
  • Validity of the proposal
Evidence
Expert report, Measurement survey, Photographs
Cases cited
Essex County Council v UBB Waste (Essex) Ltd [2020] EWHC 1581 (TCC); Newbigin v Monk [2017] 1 WLR 851; David Jackson (VO) v Canary Wharf Ltd [2019] UKUT 136 (LC); Scottish & Newcastle Retail Ltd and Another v Williams (VO) [2001] EWCA Civ 185; Porter (VO) v Gladman Sipps [2011] RA 337; Hewitt (VO) v Telereal Trillium [2019] 1 WLR 3262; BNPPDS Ltd v Ricketts (VO) [2022] UKUT 129 (LC); SSE Plc v Moore (VO) [2023] UKUT 24 (LC)
Hearing
27 February 2023

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