Main Office 1st Flr,, 18 Barnes Wallis Road,, PO15 5TT

What was argued and what the tribunal found

The appellant challenged whether a communal break-out area and café (384.82 m²) should be included in the rating assessment of office premises. The tribunal found that the disputed area did not meet the test for rateable occupation as it lacked exclusive control and paramount occupation—all tenants had collective use for access, facilities, and break-out space. The tribunal applied the principles from John Laing and Sons v Kingswood and Westminster City Council v Southern Railway Co, concluding that without exclusive possession by one party, the communal area should be excluded from the list, reducing the RV from £93,500 to £45,500.

Summary generated from the decision text and checked against it. The appellant was JDI Property Holdings Ltd, represented.

Grounds argued

• rateability

Evidence

Photographs

Cases cited

John Laing and Son v Kingswood Assessment Committee 1949 42R &IT 15; Westminster City Council v Southern Railway Co, Railway Assessment Authority and W H Smith & Sons Ltd [1936]; B & Q and Others v Assessor for Central Scotland – LTS/VA/1997/2-13 and 28; Link House Investments Ltd v VO

Hearing

30 November 2020

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• 20 Little Park Farm Road, PO15 5TD — Dismissed, 26 Jan 2022

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