Tribunals · Durham County Council · 2017 rating list

DIGITAL ADVERTISING RIGHT AT TESCO (SITE NO. 230651.00021), GREENWELL ROAD, DL5 4DJ

Advertising right and premises Decided 22 February 2024 CHG100949165 Montagu Evans - Richard Wackett

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.
Original RV£7,500
Ratepayer sought—
VO conceded first—
Tribunal decided£7,500

Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 6 properties; the figures shown are for the first listed.

What was argued and what the tribunal found

The appellant, JC Decaux, sought deletion of advertising rights located at six Tesco stores, arguing they formed part of the Tesco hereditament rather than separate rateable units. The tribunal found that the advertising rights were properly let out or reserved to the appellant under section 64(2) of the Local Government Finance Act 1988, despite Tesco's control over competitor advertising and 16% time allocation to Dunhumby. The tribunal distinguished the case from Victoria Station decisions, finding Tesco's control was reasonable and did not negate the right, and that the agreement evidenced a proper letting to the appellant, making the sites separate hereditaments.

Summary generated from the decision text and checked against it. The appellant was JC Decaux UK Ltd, represented.

Grounds argued

  • Split or merge the assessment
Evidence
None from the ratepayer
Cases cited
Holywell Union Assessors v Halkyn; John Laing & Sons v Kingswood Assessment Committee; Westminster City Council v Southern Railway Company; Cardtronics Europe Ltd v Sykes; Esso Petroleum Company v Walker; Woolway v Mazars LLP; Ludgate House Ltd v Ricketts
Hearing
23 January 2024

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The tribunal’s decision in full

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