Winscott Barton, EX5 5AL

What was argued and what the tribunal found

The appellant contended the property, comprising former agricultural barns used for storage of crops and animal feed without planning consent for commercial use at the material date, should be valued at £4,100 RV based on an adjusted rate of £2.38/m² with substantial allowances including 40% for lack of planning. The tribunal found the property's industrial use was correctly valued on scheme 420989 at an adjusted rate of £17.61/m² for the warehouse, but accepted the appellant's contention that the open-sided buildings should be valued at 50% of this rate (£8.80/m²) due to their 1970s construction. The tribunal allowed a 25% allowance for lack of planning consent (rejecting the appellant's proposed 40%) and approved other allowances for split site, lack of services, poor floor condition, and access issues, reducing the assessment from £26,500 RV to £16,500 RV.

Summary generated from the decision text and checked against it. The appellant was A R Browne & Son, represented.

Grounds argued

• Comparable assessments (tone)
• Rental evidence
• Valuation method
• Relief or exemption

Evidence

Settled assessments, Photographs, Expert report

Cases cited

Lotus and Delta Ltd v Culverwell; Rozel Motor Co Ltd v Clark; Huque v Griffiths; Regent Lion Properties Ltd v Westminster City Council; Robinson Bros (Brewers) Ltd v Houghton and Chester-le-Street Assessment Committee; Newbigin v S J & J Monk; Dawkins v Ash Bros Heaton; Townley Mill v Oldham Assessment Committee; Williams v Scottish & Newcastle Retail Ltd & Allied Domecq Retailing Ltd

Hearing

23 June 2022