Tribunals · Birmingham City Council · 2017 rating list

Car Parking Spaces 114 to 124 at Centre City, 5-7 Hill Street, B5 4UA

Car Parking Spaces Decided 4 December 2024 CHG101063047 Sixteen Real Estate - John Scully

OutcomeDismissedThe appeal failed and the rateable value was left unchanged.
Original RV—
Ratepayer sought—
VO conceded first—
Tribunal decided—from 1 Apr 2017

Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 20 properties; the figures shown are for the first listed.

What was argued and what the tribunal found

The appellant (landlord) challenged the effective date of 204 car parking spaces entering the 2017 rating list, arguing they should be dated from 31 October 2022 (when the single hereditament was split) or alternatively 24 January 2022 (when the car park first entered the list). The tribunal found that the valuation officer was correcting a compiled list error by splitting one incorrectly-recorded hereditament into 204 accurate ones. Applying regulation 14(1B), since the car parking spaces had existed well before 1 April 2017 and the correction was of an initial inaccuracy in the list, the correct effective date was 1 April 2017, the start of the 2017 list. The tribunal dismissed the appeals, holding that allowing a later effective date would unjustly allow the appellant to benefit from the valuation officer's error.

Summary generated from the decision text and checked against it. The appellant was Bruntwood Aviva Ltd, represented.

Grounds argued

  • Effective date
  • Split or merge the assessment
Cases cited
BMC Properties and Management Ltd v Jackson (Valuation Officer) [2015] EWCA Civ 1306; Lamb & Shirley Ltd v Bliss (VO) [2001] EWCA Civ 562
Hearing
14 November 2024

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