7 A, FAIRLIE ROAD, SL1 4PY
Warehouse and premises Decided 11 July 2024 CHG101152807 Altus Group - Oakland - Manchester
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 property was a 3,137m² warehouse that had been deleted from the rating list following earlier negotiations. The Valuation Officer reinstated the entry at £302,500 RV on 4 September 2022, following practical completion of a refurbishment programme. The appellant challenged this, arguing the property was incomplete. The tribunal found that the warehouse lacked small power distribution in approximately 80% of the warehouse area, which was an essential feature required before the property could be considered ready for occupation for its intended purpose. Following the Upper Tribunal's precedents in Porter v Gladman SIPPS and Aviva v Whitby, the tribunal allowed the appeal and deleted the entry, finding that practical completion of physical works does not constitute a complete hereditament if essential services remain outstanding.
Summary generated from the decision text and checked against it. The appellant was Segro Public Limited Company, represented.
Grounds argued
- Relief or exemption
- Evidence
- None from the ratepayer
- Cases cited
- Aviva v Whitby (VO) [2013] UKUT 0430 (LC); Porter (VO) v Trustees of Gladman SIPPS [2011] RA 33; Moore (VO) v Great Bear Distribution Ltd [2021] EWCA Civ 969; Aviva Investors v Bunyan (VO) [2022] VTE CHG100345300; Newbigin (VO) v Monk [2017] UKSC; Andrew Ricketts (VO) v Cyxtera Technology Ltd [2021] UKUT 0265 (LC); Post Office v Nottingham City Council [1976] 1 WLR 624; Gardiner & Theobald LLP v David Jackson (VO) [2018] UKUT 0253 (LC); China Light & Power Ltd v Commissioner of Rating and Valuation [1995] 2 HKC
- Hearing
- 3 July 2024
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