[2024] UKUT 180 (LC)

Paragraph 20 of Schedule 1, Chapter 2 to the 1983 Act provided, at the time relevant to this appeal, that “unless this would be unreasonable having regard to paragraph 18(1), there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the retail prices index”. Since July 2023 instead of “retail prices index” the paragraph refers to the “consumer process index”. Paragraph 18(1) sets out various matters such as deterioration in the site since the last pitch fee review or (in certain circumstances) improvements.

Where none of the factors mentioned in paragraph 18(1) makes it unreasonable, the presumption arises that the pitch fee can be raised in line with the RPI (or CPI after July 2023). But that is a presumption, not a conclusion, and it can be displaced. In Vyse v Wyldecrest Parks (Management) Limited [2017] UKUT 24 (LC) the Tribunal (HHJ Alice Robinson) observed that there is no restriction on the factors that might displace the presumption, but that they would have to be factors “to which considerable weight attaches”. If the FTT determines that it is reasonable for the pitch fee to change, and that the presumption in favour of increase or decrease by the RPI is displaced, then it will make its own decision as to the appropriate increase or decrease in the pitch fee.