PT 1ST FLR, 100 LIVERPOOL STREET, EC2M 2AT

What was argued and what the tribunal found

The appellant sought allowances for material changes of circumstances arising from adjacent building works at 1-2 Broadgate and 1-14 Liverpool Street, claiming 10%, 5%, 5% and 2.5% allowances depending on proximity, plus 2.5% for loss of amenity at Broadgate Circle. The tribunal found the allowances already granted by the VO were reasonable, dismissing the appeals. The works causing most disruption (demolition) had occurred before the material date of 13 January 2023; the BREEAM outstanding rating would shield the building from external noise and dust; and the evidence of reduced rents predated the material date and was too far removed. No additional allowance for loss of amenity was warranted as the impact on the public space was not comparable to other cases relied upon.

Summary generated from the decision text and checked against it. The appellant was British Land T/A Storey, represented.

Grounds argued

• Change of circumstances
• Quantum or end allowance

Change of circumstances

building works - demolition and construction at adjacent sites 1-2 Broadgate and 1-14 Liverpool Street; loss of amenity at Broadgate Circle

Evidence

Photographs, Trading accounts, Expert report

Cases cited

Gardiner & Theobald LLP v David Jackson (VO) [2018] UKUT 0253 (LC); 4th Floor Veritas House, 125 Finsbury Pavement (CHG100327665); 3rd Floor, 23rd-33rd Floors and 21st Floor at The Broadgate Tower, 20 Primrose Street (503025240348/053N10, 503025240338/053N10, 503025993578/538N10)

Hearing

3 March 2025

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