Hemens v Whitsbury Farm and Stud Ltd
Language: English Series: Rating Appeals ; 1986 RA 203-232(16)Publication details: 1986Description: (See also Abstract 34367)Subject(s): Summary: CA 5 November 1986. An appeal by the ratepayers, W, from a decision of the Lands Tribunal which decided that buildings and adjoining land occupied by a stud farm for breeding racehorces, were not exempt from rates under the General Rate Act 1967. At issue was whether, for rating purposes, the breeding of thoroughbred racing stock on premises with farmland attached could be equated with breeding cattle and sheep on farmland. If so, stud farms would have the same rating exceptions as occupiers of farmland. It was held, on appeal, that the hereditaments were not exempt from rating because 1) none of the hereditaments constituted agricultural buildings within the meaning of the Rating Act 1971 as racehorses were not "livestock" within the meaning of s1(3) of the Act, and 2) the hereditaments did not fall within the General Rate Act 1967 s 26(4)(a) . Appeal by ratepayers dismissed because the buildings were not used in connection with agricultural operations.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37346 (Browse shelf(Opens below)) | 1 | Available | 3829-1001 |
CA 5 November 1986. An appeal by the ratepayers, W, from a decision of the Lands Tribunal which decided that buildings and adjoining land occupied by a stud farm for breeding racehorces, were not exempt from rates under the General Rate Act 1967. At issue was whether, for rating purposes, the breeding of thoroughbred racing stock on premises with farmland attached could be equated with breeding cattle and sheep on farmland. If so, stud farms would have the same rating exceptions as occupiers of farmland. It was held, on appeal, that the hereditaments were not exempt from rating because 1) none of the hereditaments constituted agricultural buildings within the meaning of the Rating Act 1971 as racehorses were not "livestock" within the meaning of s1(3) of the Act, and 2) the hereditaments did not fall within the General Rate Act 1967 s 26(4)(a) . Appeal by ratepayers dismissed because the buildings were not used in connection with agricultural operations.