Conclusions
Disposal
For the reasons I have given I allow the appeals in respect of Nos. 4a, 16 and 69 and remit the determination of new pitch fees to the FTT for further consideration. That reconsideration should be carried out by the same panel as determined the original applications and should not require a further hearing or further submissions by the parties, unless the FTT considers these are necessary to enable it to reach a conclusion. The only matter for reconsideration and explanation should be the amount of any increase and it should not be necessary for the FTT to reconsider its original conclusion that the presumption of an RPI increase had been displaced.
Martin Rodger KC,
Deputy Chamber President
20 January 2025
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.
- Heading
- Introduction
- Pitch fee reviews under the 1983 Act
- The FTT’s decision
- Grounds of appeal
- Issue 1: Must a deterioration or decrease in amenity affect the whole or most of the site before the presumption of an RPI increase will be displaced?
- Issue 2: Must a decrease or deterioration be permanent to displace the presumption?
- Issue 3: Did the FTT ask itself the right question before deciding there should be no increase or only a restricted increase?
- Issue 4: Did the FTT take into account irrelevant considerations?
- Conclusions
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