(Ent in Sth Audley St) 2nd Flr 1,, Stanhope Gate,, W1K 1AF

What was argued and what the tribunal found

The appellant argued that the three office properties were adversely affected by the demolition and ongoing major redevelopment of adjacent properties (Nos. 4-6 Stanhope Gate), which commenced in November 2015 and caused significant noise, vibration, dust, and traffic disruption including basement excavation and construction activity. The appellant proposed reductions of 10% based on comparable allowances for other disrupted properties. The tribunal accepted that a hypothetical tenant would suffer material disturbance and found comparable evidence from 12 Stanhope Gate (where a 7.16% allowance was agreed) particularly persuasive. The tribunal allowed the appeals in part, applying a 5% reduction for the ground/first and second floors (material date March 2018) and 3.5% for the third floor (material date February 2019, representing a later stage of the development), resulting in reduced rateable values.

Summary generated from the decision text and checked against it. The appellant was Evercore Partners International LLP, represented.

Grounds argued

• Building works or disturbance nearby · decisive
• Comparable assessments (tone)

Change of circumstances

building works in locality

Evidence

Rents, Measurement survey, Photographs, Settled assessments

Cases cited

Gardiner & Theobald LLP v David Jackson (VO) [2018] UKUT 0253 (LC)

Hearing

13 January 2021

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