Architectural Metal Roofing Ltd, Owlsfoot Business Units, EX20 2PA
Store and premises Decided 16 February 2024 CHG100782352
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 appellant sought deletion of the property from the rating list on the grounds that it was incapable of beneficial occupation due to ongoing major works, relying on the Newbigin (VO) v SJ & J Monk Supreme Court decision. The tribunal found insufficient evidence to demonstrate that the property was incapable of beneficial occupation on the material day (16 October 2020), noting that undated photographs were not persuasive, Google Street View images did not show significant works had been undertaken by that date, and invoices and schedules of work were dated after the material day. The appeal was therefore dismissed.
Summary generated from the decision text and checked against it. The appellant was Architectural Metal Roofing Ltd, represented.
Grounds argued
- State of repair or deletion · decisive
- Evidence
- Photographs, Expert report
- Cases cited
- Newbigin (VO) v SJ & J Monk [2017] UKSC 14
- Hearing
- 26 January 2024
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