HEMERDON MINE, HEMERDON, PL7 5BU
Tungsten mine and premises Decided 1 May 2025 CHG101054030 Gerald Eve LLP - CCA/Newmark Gerald Eve LLP
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 company argued that the mine became incapable of beneficial occupation due to disconnection of electricity supply on 17 July 2019, absence of operating licences, and redundant plant requiring site redesign. The tribunal found that while licensing and plant redesign were not disabling factors, the extended absence of adequate electrical power (disconnected July 2019, reconnected March 2021 at only 2.5MVA versus 12MVA previously available, with 6.5MVA not reached until December 2022) rendered the property incapable of beneficial occupation. The tribunal allowed the deletion for the period 17 July 2019 to 30 November 2022, dismissing the other appeals which had different material dates.
Summary generated from the decision text and checked against it. The appellant was Tungsten West Plc, represented.
Grounds argued
- Validity of the proposal
- Evidence
- Photographs, Expert report
- Cases cited
- Humber Ltd v Jones (VO); Hall v Edwards (VO); Kier Hardman (VO) v British Gas Trading
- Hearing
- 16 April 2025
Similar decisions
- The Bay Tree Food Co Ltd, Bay Tree Foods, PL21 9PB — Allowed in part, 23 Nov 2021
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