OFFICE A 2ND FLR, 100 LIVERPOOL STREET, EC2M 2AT

What was argued and what the tribunal found

The appellant argued for additional allowances above those granted by the Valuation Officer for disturbance from building works at adjacent sites (1-2 Broadgate and 1-14 Liverpool Street) and for loss of amenity in Broadgate Circle. The tribunal found that the most disruptive demolition works had occurred before the material date of 13 January 2023, that the BREEAM outstanding rated building would shield occupiers from the remaining construction impacts, and that rent reductions cited by the appellant occurred at the height of disruption too distant from the material date to be reliable evidence. No additional allowance for lack of amenity was warranted as the impact was not as severe as comparable cases. Appeals dismissed.

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

adjacent building works demolition and construction; loss of amenity from disruption

Evidence

Photographs, Expert report, Rents

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; and 503025993578/538N10)

Hearing

3 March 2025

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