16th Floor, 8 Bishopsgate, EC2N 4BQ

What was argued and what the tribunal found

The appellant contended that real-life logistical constraints in a 50-storey building—including loading bay limitations, lift capacity, parking, and coordinating fit-outs around existing tenants—meant multiple floors could not be fitted out simultaneously, so the completion date should be 19 July 2025 instead of 8 June 2024. The tribunal found that such constraints were preparatory works necessary before commencement, not incidental works that could prolong the period after commencement. Treating each floor as a separate hereditament, the tribunal upheld the 8 June 2024 completion date, rejecting the appellant's holistic building-wide approach as inconsistent with the statutory framework under paragraph 9 of Schedule 4A of the Local Government Finance Act 1988.

Summary generated from the decision text and checked against it. The appellant was MEC LONDON PROPERTY 2 (NOMINEE 1) LIMITED & MEC LONDON PROPERTY 2 (NOMINEE 2) LIMITED, represented.

Grounds argued

• Effective date

Evidence

Expert report, Measurement survey

Cases cited

Porter v Gladman; Hermes Property Unit Trust v Roberts (VO); London Merchant Securities plc v Islington LBC; JLG Investments Ltd v Sandwell District Council; English Cities Fund v Standard Life; Newham LBC v Rad Phase 1 Type B Property Co No 1 Limited; Graylaw Investments Ltd v Ipswich BC; Delph Property Group Ltd v Alexander (VO)

Hearing

21 October 2024

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