Tribunals · Babergh District Council · 2017 rating list

BARN 7A AT THE SUFFOLK FOOD HALL, PEPPERS LANE, WHERSTEAD, WHERSTEAD, IP9 2AB

Gym and Premises Decided 30 January 2024 CHG100868222 Altus Group - Oakland - Manchester

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.

Original RV£19,000£75/m²

Ratepayer sought£9,400

VO conceded first—

Tribunal decided£19,000£75/m²

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 argued the property should be valued as a warehouse at £37/m² (£9,400 RV), claiming gym equipment was temporary and could be removed. The tribunal found the property was used as a gym with permanent installations including showers and a physio room, and planning permission was for D2 (fitness) use. Applying the rebus sic stantibus principle, the tribunal determined the property should be valued as a gym having regard to its mode and category of use as at the material date, and dismissed the appeal, finding the VO's valuation of £75/m² (£19,000 RV) was not excessive based on comparable evidence.

Summary generated from the decision text and checked against it. The appellant was Crossfit Orwell, represented.

Grounds argued

Valuation method
Comparable assessments (tone)
Change of circumstances

Evidence: Rents, Photographs, Expert report
Cases cited: Scottish & Newcastle Retails v Williams (VO) [2001] EWCA Civ 185; Williams (VO) v Scottish & Newcastle Retail Ltd and Allied Domecq Retailing Ltd [1993] RA 480
Hearing: 16 January 2024

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The tribunal’s decision in full

Download the PDF · Find it on valuationtribunal.gov.uk