Le Cafe Jardin, 25 Huntriss Row, YO11 2ED
Café and premises Decided 4 May 2022 CHG100210946 Lambert Smith Hampton - Philip Clarkson/Lambert Smith Hampton - Philip Clarkson
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 appellants argued that a material change in circumstances had occurred due to nearby building works at the former Scarborough Constitutional Club, including scaffolding that masked the subject café from the street and caused disruption. The tribunal accepted that an end allowance was warranted but found insufficient evidence of the planned duration of works at the material day (19 March 2019) when major disruption had not yet commenced. The tribunal allowed the 10% masking allowance but awarded only a further 5% for disruption from scaffolding (rather than the 20-40% sought) based on the modest impact shown in trading figures, resulting in an RV reduction from £16,407 to £13,750.
Summary generated from the decision text and checked against it. The appellant was an individual ratepayer, represented.
Grounds argued
- Change of circumstances
- Building works or disturbance nearby
- Quantum or end allowance
- Change of circumstances
- building works and scaffolding
- Evidence
- Trading accounts, Photographs, Expert report
- Cases cited
- Extra Mech (Services) Ltd v VO
- Hearing
- 14 April 2022
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