68, CHERTSEY ROAD, GU21 5BJ
Office and premises Decided 24 May 2023 CHG100388481 Altus Group - Oakland - Manchester
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 3 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant challenged the validity of the completion notice on three grounds: that it was ambiguous, that it was issued before substantial completion was reached (contrary to statute and case law for speculative developments), and that the completion date was irrational given the property's condition. The tribunal found the completion notice was clear, that the case law cited did not definitively bar a completion notice before substantial completion, and that the irrational date argument was effectively a challenge to the date itself which could only be pursued via formal appeal procedures. The appeals were therefore dismissed.
Summary generated from the decision text and checked against it. The appellant was Royal London, represented.
Grounds argued
- Validity of the proposal
- Evidence
- Expert report, Measurement survey
- Cases cited
- Graylaw investments v Ipswich BC; London Merchant Securities Plc v Islington LBC; Porter v Gladman Sipps; R (Reeves) v VTE; Delph Property Group Ltd v Alexander; Hermes Property Unit Trust v Roberts; Newham London Borough Council v Rad Phase 1 Type B Property Company No 1 Limited; Henderson v Liverpool Metropolitan District Council; Provincial Real Estate Burton Ltd v Virk and East Staffordshire Borough Council
- Hearing
- 27 April 2023
Similar decisions
- 3 RD 7TH FLRS 68, CHERTSEY ROAD, GU21 5BJ — Dismissed, 24 May 2023
- GND - 1ST FLR 68, CHERTSEY ROAD, GU21 5BJ — Dismissed, 24 May 2023
- 3rd Flr Hollywood House, Church Street East, GU21 6HA — Allowed in part, 4 Aug 2021
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