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Case No: LC-2023-537
ON APPEAL FROM THE VALUATION TRIBUNAL FOR ENGLAND
Royal Courts of Justice
31 May 2024
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
RATING – EXEMPTION – Agricultural Buildings – Paragraph 3, Schedule 5, Local Government Finance Act 1988 – whether buildings “occupied together with” agricultural land and used solely for agricultural operations on “that or other land” – whether “or” is inclusive or exclusive in that provision – appeal allowed
BETWEEN:
FRIDAYS LIMTED | Appellant |
-and- | |
DAWN BUNYAN (VALUATION OFFICER) | Respondent |
Chequer Tree Farm
Benenden Road
Rolvenden
Cranbrook
Kent
TN17 3PN
JUDGE ELIZABETH COOKE and PETER McCREA FRICS FCIArb
Cain Ormondroyd for the appellant, instructed by Thrings LLP
Guy Williams KC for the respondent, instructed by HMRC Solicitor’s Office
© CROWN COPYRIGHT 2024
The following cases are referred to in this decision:
Senova Ltd v Sykes (VO) [2019] UKUT 0275 (LC)
Farmer (VO) v Buxted Poultry Ltd [1993] AC 369
Hilleshog Sugar Beet Breeding Co. Ltd. v. Wilkes (Valuation Officer) [1971] R.A. 275
Handley (Valuation Officer) v Bernard Matthews plc. [1988] R.A. 222
Maurice E. Taylor (Merchants) Ltd. v Commissioner of Valuation [1981] N.I. 236
W & JB Eastwood Ltd. v Herrod [1971] A.C. 160
Wootton v Gill (VO) [2015] UKUT 548
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- Introduction
- Facts
- More about Fridays’ business
- The law
- The evolution of the law
- The first requirement: are the buildings “occupied together with” agricultural land?
- Discussion (1): is Farmer v Buxted still authoritative as to the meaning of “occupied together with” in paragraph 3(a) of Schedule 5?
- Discussion (2): on that basis, were the three buildings occupied together with the arable land at Chequer Tree Farm?
- Discussion (3):if we are wrong about Buxted, were the three building occupied together with agricultural land?
- The second requirement: are the three buildings used solely in connection with agricultural operations on land?
- Conclusions
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