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 30761950 Gerald Eve LLP - Rating

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.
Original RV—
Ratepayer sought£1
VO conceded first—
Tribunal decided£890,000from 30 Nov 2015

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

The first appellant UBB (Essex) Construction JV challenged the Valuation Officer's retrospective entry of £890,000 RV (effective 30 November 2015) for a mechanical biological treatment facility, seeking either deletion or a nominal £1 RV. The tribunal found the facility constituted a rateable hereditament despite design flaws that prevented it from meeting its contractual performance targets. Although it could not process contractually guaranteed waste tonnages, it was capable of beneficial occupation and did process substantial quantities of waste profitably. The tribunal rejected the appellant's arguments that incompleteness and economic obsolescence negated hereditament status, and dismissed the appeal, finding the contractor's basis valuation methodology appropriate and the £890,000 RV not excessive.

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

Grounds argued

  • Rental evidence
  • Valuation method · decisive
  • Validity of the proposal
Evidence
Measurement survey, Photographs, Expert report
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); Robinson Brothers (Brewers) Limited v Houghton and Chester le Street Assessment Committee [1937] 2 KB 445
Hearing
27 February 2023

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