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

What was argued and what the tribunal found

The appellant argued that material change of circumstances relating to building works at adjacent sites (1-2 Broadgate and 1-14 Liverpool Street) warranted additional allowances beyond those granted by the VO, and sought a further 2.5% allowance for loss of amenity in the Broadgate Circle public space. The tribunal found that the most disruptive demolition works had occurred before the material date (13 January 2023), and that the appeal building's BREEAM outstanding rating would shield it from external noise and dust. The tribunal held that the VO's existing allowances were reasonable and no further allowances were warranted, dismissing all appeals.

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

Grounds argued

• Change of circumstances · decisive
• Quantum or end allowance

Change of circumstances

building works disturbance

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; and 503025993578/538N10)

Hearing

3 March 2025

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