UNITS 3­-4, THE WAVERLEY IND PARK, HAILSHAM DRIVE, HAILSHAM DRIVE, HA1 4TR

What was argued and what the tribunal found

The appellant sought a 15% end allowance for disturbance caused by neighbouring Eastman Village redevelopment works (demolition of Kodak factory and construction of 2000+ homes). The tribunal found that whilst demolition works commenced in October 2018, by the material day of 29 March 2023 the major structural works causing significant disruption would have been largely concluded. There was insufficient evidence of ongoing disturbance at the material day to warrant an allowance, the lease rents had not been reduced to reflect any disturbance, and comparable properties had submitted stronger evidence. The appeal was dismissed.

Summary generated from the decision text and checked against it. The appellant was an individual ratepayer, represented.

Grounds argued

• Change of circumstances · decisive

Change of circumstances

redevelopment works / demolition and residential development

Evidence

Expert report

Cases cited

Laing (J) & Son v Kingswood AC; Lotus and Delta v Culverwell (VO); Robinson Bros (Brewers) Ltd v Houghton and Chester-le-Street Assessment Committee; Telereal Trillium v K Hewitt (VO); K Shoe Shops Ltd v Hardy (VO) & Westminster City Council; Oldschool & Oldschool v Coll (VO); BPP Holdings Ltd v Revenue and Customs Commissioners; Fir Mill Ltd v Royton UDC and Jones (VO)

Hearing

23 May 2025