15, BROUGH PARK WAY, NE6 2YF

What was argued and what the tribunal found

The appellant sought deletion of the warehouse property from the rating list on the basis that a ten-week programme of refurbishment works commencing 28 November 2022 rendered it incapable of beneficial occupation on the material day (15 December 2022). The tribunal found that on the material day very little work had actually commenced—temporary lighting had been installed but the mezzanine remained and the property still resembled a warehouse. The tribunal held that the entire building must be incapable of beneficial occupation for deletion to be justified, and that the appellant failed to demonstrate this; the works were therefore disregarded as being within the repair assumptions rather than representing reconstruction or refurbishment incompatible with occupation.

Summary generated from the decision text and checked against it. The appellant was BNPPDSJ Ltd and BC) Ltd as Trustees of the BRIT, represented.

Grounds argued

• State of repair or deletion

Evidence

Photographs, None from the ratepayer

Cases cited

Jackson (VO) v Canary Wharf Ltd [2019] RA 411; Newbigin (Valuation Officer) v S J & J Monk (a firm) [2017] UKSC 14; Aviva Investors v Dawn Bunyan (VO) [2022]; Valuation Officer v Orchard Street Investment Management LLP (Griffin case); Aviva Investors Property Developments Ltd v Whitby (VO) & Ors [2013] UKUT 430 (LC); Aegon UK Property Fund v Valuation Officer (CHG100880426); Aviva Investors v Bunyan (VO) (CHG100345300)

Hearing

2 May 2024

Similar decisions

• UNIT 1 HAWICK CRESCENT INDUSTRIAL ESTATE, NE6 1AS — Dismissed, 19 Apr 2022

All decisions in Newcastle City Council · Industrial and warehouses nationally