Case No. UKUT-24-(LC)

). The issue which arises in the appeal is whether, on the Material Day, there had been a change of circumstances requiring an alteration of the rateable value of the Power Station in the 2010 rating list. The Appellant says that there had been such a change of circumstances, either because the mode or category of occupation of the Power Station was that of a mothballed power station in long term preservation on the Material Day, or because, on the Material Day, the Power Station was incapable of beneficial occupation as a power station.4.The Respondent disputes this. The Respondent’s case is that the mode or category of occupation had not changed on the Material Day, and remained occupied as a power station, and that the Power Station was capable of beneficial occupation.5.The rateable value of the Power Station is currently £5,340,000. The parties’ valuers are agreed that if the Appellant is right in either of the arguments set out above, the rateable value of the Power Station should be reduced to £534,000 with effect from 1 April 2013 (the effective date). If the Appellant is wrong, it is agreed that the rateable value remains £5,340,000, with effect from 1 April 2013. The antecedent valuation date is 1 April 2008.6.The alteration of the list, to reflect the alleged change of circumstances, was originally sought by a proposal dated 7 June 2013, served on the Respondent on 11 June 2013 (the agreed Material Day). The proposal came before the Valuation Tribunal for England (