Third Floor, Grimaldi House, SW1Y 4JH
Offices and premises Decided 20 June 2022 CHG100189426 Conneely Tribe - Austin Marshall
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 9 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant sought a 37.5% allowance for material change of circumstances arising from multiple construction works in the locality, including a materials compound, office refurbishment and extension, and major demolition and reconstruction projects. The tribunal found that the works were severe in duration and intensity, would significantly impact a hypothetical tenant's bid, and that future known works would have been considered. The tribunal awarded a 30% allowance (rather than the VO's 20%) as reasonable and proportionate, having regard to comparable cases and the impact evidence.
Summary generated from the decision text and checked against it. The appellant was Grimaldi Agencies UK Limited, represented.
Grounds argued
- Change of circumstances · decisive
- Change of circumstances
- construction works in locality; contractor compound; building refurbishment and extension; demolition and reconstruction works
- Evidence
- Photographs, Expert report
- Cases cited
- Hostsoho Limited v David Jackson (VO) [2019] UKUT 0166; Berrill v Hill RA/34/99; Dawkins (VO) v Ash Brothers and Heaton Ltd [1969] 2 AC 336; Gardiner & Theobald LLP v David Jackson (VO) [2018] UKUT 0253 (LC)
- Hearing
- 24 May 2022
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