Superbook Unit 1, 17 The Shires, BA14 8AT
Shop and premises Decided 6 February 2025 CHG101129983 Knight Frank - Rating
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 3 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant sought deletion of three retail units in The Shires shopping centre on grounds that they were incapable of beneficial occupation during a programme of repair works from 27 February 2023, relying on the 'reality principle' from Newbigin v Monk and Jackson v Canary Wharf. The tribunal found the works were repairs typical of landlord refurbishment between tenancies lasting only 30 days, not redevelopment involving strip-out to shell as in the cited cases, and were therefore assumed completed under the statutory hypothesis in Schedule 6 paragraph 2(b) LGFA 1988, rendering the properties capable of beneficial occupation at the material day.
Summary generated from the decision text and checked against it. The appellant was Sheet Anchor Investments Ltd, represented.
Grounds argued
- State of repair or deletion
- Evidence
- Photographs, Expert report
- Cases cited
- Newbigin (Valuation Officer) v S J & J Monk; Jackson (VO) v Canary Wharf Ltd; Porter (VO) v Trustees of Gladman SIPPS; Aviva Investors v Bunyan (VO)
- Hearing
- 21 January 2025
Similar decisions
- Unit 13, 30 The Shires, BA14 8AT — Dismissed, 6 Feb 2025
- Carphone Warehouse, Unit 24, BA14 8AT — Dismissed, 6 Feb 2025
- 11, Emery Gate, SN15 3JP — Allowed, 30 Apr 2024
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