Units 10 - 11 County Mall, RH10 1FF
Shop and premises Decided 30 October 2024 CHG101084609 Daud Sadiq
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, a freehold owner of retail units, sought deletion from the rating list on the basis that the property had undergone redevelopment strip-out works (removal of fittings, partitions, ceiling and flooring) as at 13 March 2023, rendering it incapable of beneficial occupation. The tribunal applied the three-stage Newbigin test and found that the property remained capable of beneficial occupation. The works constituted a "soft strip" rather than stripping to shell condition, comparable to The Restaurant Group decision, and the electricity was merely isolated for safety rather than removed as part of fundamental redevelopment. The tribunal concluded that the property continued to satisfy the definition of a hereditament and remained in the rating list.
Summary generated from the decision text and checked against it. The appellant was Arora Crawley Retail Ltd, represented.
Grounds argued
- State of repair or deletion
- Evidence
- Photographs, Expert report
- Cases cited
- Newbigin v Monk [2017] UKSC 14; Jackson (VO) v Canary Wharf Ltd [2019] RA 411; Porter (VO) v Gladman Sipps [2011] UKUT 2004; Aviva Investors v Bunyan (VO); The Restaurant Group v Lucy Formela-Osborne (VO); Colour Weddings Limited v Ritchie Roberts (VO) [2019] UKUT 0385; Shoosmiths LLP and Mando Group Limited v Amanda Hitchings (VO)
- Hearing
- 30 September 2024
Similar decisions
- Unit 44 County Mall, RH10 1FF — Dismissed, 30 Oct 2024
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