Eastbourne BC and Wealden DC v Allen (VO)
Eastbourne BC and Wealden DC v Allen (VO)
- 2001
- Rating Appeals [2001] RA 273-332(30) .
RA/16-17/1999, 25 September 2001. The LT had valued two local authority leisure centres on the contractor's basis, the Sovereign Centre based on the foreshore at Eastbourne and Goldsmiths Leisure Centre. The former was assessed at £390 000 rateable value on the 1990 list and £316 500 on the 1995 list and the later at £123 500 ratable value on the 1990 list and £100 000 ratable value on the 1995 list. The ratepayers sought substantial reductions in both these figures based on the percentage of gross receipts relating to the hereditament. A fundamental difficulty with this method was that there was no apparent reason why the amount that the hypothetical landlord and tenant would agree on as rent should be related in some identifiable way, or at all. The LT found the contractors basis had limitations but it had a clear justification and was a long established method, widely understood by rating valuers. Held that there was no justification for any Stage 5 allowance. The Sovereign Centre valuation was altered to £310 000 rateable value in the 1990 rating list and to £240 000 in the 1995 list. The assessment of Goldsmiths was altered to £112 750 in the 1990 list and £94 000 in the 1995 list. View judgment at www.courtservice.gov.uk/tribunals/lands_frm.htm.
EASTBOURNE BC AND ANOTHER V ALLEN (VO)
ANNUAL VALUE
LOCAL AUTHORITIES
LEISURE CENTRE
Valuation
CONTRACTORS BASIS
STAGE 5 ADJUSTMENT
RA/16-17/1999, 25 September 2001. The LT had valued two local authority leisure centres on the contractor's basis, the Sovereign Centre based on the foreshore at Eastbourne and Goldsmiths Leisure Centre. The former was assessed at £390 000 rateable value on the 1990 list and £316 500 on the 1995 list and the later at £123 500 ratable value on the 1990 list and £100 000 ratable value on the 1995 list. The ratepayers sought substantial reductions in both these figures based on the percentage of gross receipts relating to the hereditament. A fundamental difficulty with this method was that there was no apparent reason why the amount that the hypothetical landlord and tenant would agree on as rent should be related in some identifiable way, or at all. The LT found the contractors basis had limitations but it had a clear justification and was a long established method, widely understood by rating valuers. Held that there was no justification for any Stage 5 allowance. The Sovereign Centre valuation was altered to £310 000 rateable value in the 1990 rating list and to £240 000 in the 1995 list. The assessment of Goldsmiths was altered to £112 750 in the 1990 list and £94 000 in the 1995 list. View judgment at www.courtservice.gov.uk/tribunals/lands_frm.htm.
EASTBOURNE BC AND ANOTHER V ALLEN (VO)
ANNUAL VALUE
LOCAL AUTHORITIES
LEISURE CENTRE
Valuation
CONTRACTORS BASIS
STAGE 5 ADJUSTMENT