Unit 3, Catherine Court, Hawarden Industrial Estate, Manor Lane, Deeside,CH5 3NU

What was argued and what the tribunal found

The appellant sought a reduction in rateable value from £10,000 to £1 on the basis that he had removed a staircase providing access to a mezzanine floor that he did not use, arguing this constituted a material change of circumstances. The Valuation Officer's representative gave expert evidence that, while the appellant did not use the mezzanine, the rebus sic stantibus principle requires properties to be valued in their actual physical state, and that the staircase could be reinstalled with minimal adaptation, so the works were not sufficiently significant to warrant a reduction. The tribunal dismissed the appeal, finding that it could not take account of the appellant's subjective use of the property and that the valuation was fair and reasonable.

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

Grounds argued

• Change of circumstances · decisive

Change of circumstances

decommissioning of staircase

Evidence

Expert report

Cases cited

Williams (VO) v Scottish Newcastle Retail Ltd and Allied Domecq Retailing Ltd; SJ & J Monk v Newbigin (VO); Vines Ltd v de Mauny (VO)

Hearing

5 February 2019

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