CHIQUITO, PORTWAY, ASHTON ON RIBBLE, ASHTON ON RIBBLE, PR2 2YB

What was argued and what the tribunal found

The appellant sought deletion of the restaurant property's rating list entry as at 1 April 2021, contending the property was not capable of beneficial occupation due to poor repair condition, with estimated repair costs of around £197,714. The tribunal found that the property remained capable of beneficial occupation, and that a hypothetical landlord would consider repair costs economically reasonable to undertake, based on comparable rental evidence showing similar properties let at around £250-£525 per m², with the landlord able to recoup repair costs (estimated between £145,000-£200,000) within two to three years.

Summary generated from the decision text and checked against it. The appellant was an individual ratepayer, represented.

Grounds argued

• State of repair or deletion · decisive

Evidence

Rents, Settled assessments, Expert report

Cases cited

Civil Aviation Authority v Langford (VO) and Camden BC; Thomas & Davies v Denly (VO); Princes St Ltd (Ipswich) v Bond (VO); Gardiner & Theobald LLP v David Jackson (VO)

Hearing

12 November 2024

Similar decisions

• Cafe Vienna, Fishergate Centre, PR1 8HJ — Dismissed, 27 Apr 2022
• Theatre Street Bar And Grill, Theatre Street, PR1 8BQ — Dismissed, 7 Apr 2022
• 91B FISHERGATE, PR1 2NJ — Allowed in part, 14 Oct 2021
• The Old Vic Public House, The Old Vic, PR1 2UH — Allowed, 7 Jul 2021

All decisions in Preston City Council · Pubs, hotels and leisure nationally