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The issues in the appeals
The issues in the appeals
When granting permission to appeal in the Willow Park case, I identified the following three issues:
Whether the tribunal had been entitled to treat the reduction in car parking provision as a decrease in amenity for the purpose of paragraph 18(1), and therefore as capable of rebutting the presumption of a CPI increase, where the removal of the former car park was lawful in planning and site licensing terms and no individual occupier of the Park had a contractual right to park on it.
If so, whether the tribunal was entitled to determine that no increase in pitch fees was justified at all, without considering (a) the extent to which individual pitches were affected by the relevant loss of amenity, and (b) whether some increase may be justified even if not by the full amount of the increase in CPI since the last review.
Whether the tribunals were entitled to find that there had been a relevant decrease in amenities when those changes had occurred before the previous pitch fee increase.
The same issues also arise in the Penwortham Park case (with the substitution of RPI for CPI). When granting permission in that case I identified an additional issue, namely:
What approach to valuation should be applied to the determination of a new pitch fee where there is found to have been a loss of amenity?
- Heading
- Introduction
- The Parks
- The legislation
- The issues in the appeals
- Issue 1: Loss of an amenity to which there is no contractual right and where removal is consistent with planning permission and site licence conditions
- Issue 2: Should the tribunals have considered (a) the extent to which individual pitches were affected by the loss of amenity, and (b) whether some increase may be justified even if not the full infla
- Issue 3: Were the tribunals entitled to find that there had been a relevant decrease in amenities when those changes had occurred before a previous pitch fee increase?
- Issue 4: What approach to valuation should be applied to the determination of a new pitch fee where there is found to have been a loss of amenity?
- Conclusions