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Womersley (VO) v Hart District Council and Rushmoor District Council [2008] RA 279

DATE: 30 Apr 2008

Where a proposal had been decided as valid by a valuation tribunal on an appeal against an invalidity notice under reg 7 of the Non Domestic Rating (Alteration of Lists and Appeals) Regulations 1993, and the valuation officer had not appealed that decision to the Lands Tribunal, it was not open to him to re-argue at the hearing under reg 12 before the valuation tribunal (and on appeal before the Lands Tribunal) a point which was precisely the same as that on which he had lost earlier.

Proposals made under reg 4 (4) of the Non Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 were held valid because there was a casual link between the previous decision of a valuation tribunal referred to in the proposal and the formation of the ratepayers' opinion that the rateable values of the subject hereditaments were incorrect, since the ratepayers' valuer could only responsibly form the opinion that the values shown in the list for the subject hereditaments were wrong if he had a valid basis for contending (Rather than merely grounds for suspecting) that these values should be set at figures which did not follow the tone of the list, and that basis was provided by the previous valuation tribunal decision.