Oades & Anor v Eke [2004] EWLands RA_17_2003 (22 March 2004)

Oades & Anor v Eke [2004] EWLands RA_17_2003 (22 March 2004)

The chalets are not caravans within the statutory definition because they are not practically capable of being moved from one place to another; therefore, each must be entered as a single hereditament and not merged.

Citation
[2004] EWLands RA_17_2003
Parties
Appellants: Mr & Mrs C Oades; Respondent: Dennis Eke
Jurisdiction
England and Wales
Judgment Date
22 March 2004
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Hereditament, Caravan Definition, Non Domestic Rating, Caravan Sites and Control of Development Act 1960, Non Domestic Rating (caravan Sites) Regulations 1990
Rating Law Property Law Hereditament Caravan Definition Non Domestic Rating Caravan Sites and Control of Development Act 1960 Non Domestic Rating (caravan Sites) Regulations 1990

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Parties

Mr & Mrs C Oades

Appellants

Dennis Eke

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether holiday chalets are caravans within the statutory definition
  2. 2 Whether the park should be assessed as a single hereditament under Non-Domestic Rating (Caravan Sites) Regulations 1990

Ratio Decidendi

The chalets are not caravans within the statutory definition because they are not practically capable of being moved from one place to another; therefore, each must be entered as a single hereditament and not merged.

Court Disposition

appeal dismissed

Orders

  • No merged assessment; individual assessments remain.
  • No award as to costs.