Martin & Ors v Hewitt (Valuation Officer) [2003] EWLands RA_4_2001 (31 July 2003)

Martin & Ors v Hewitt (Valuation Officer) [2003] EWLands RA_4_2001 (31 July 2003)

Boathouses located at a substantial distance from dwellings and separated by land in other ownership and public highways are not within the curtilage and do not qualify as appurtenances or outhouses under section 66(1)(b); boats stored in boathouses are not articles of domestic use under section 66(1)(d).

Citation
[2003] EWLands RA_4_2001
Parties
Appellants: Mr & Mrs R Martin and Others; Respondent: K Hewitt
Jurisdiction
England and Wales
Judgment Date
31 July 2003
Procedural Posture
Appeal Against Decision of Cumbria Valuation Tribunal / Final Judgment
Outcome
Appeals dismissed except for RA/7/2001, which is allowed.
Legal Topics
Rating, Domestic Property Definition, Curtilage, Appurtenance, Non Domestic Rates
Property Law Local Government Law Rating Domestic Property Definition Curtilage Appurtenance Non Domestic Rates

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Parties

Mr & Mrs R Martin and Others

Appellants

K Hewitt

Respondent

Procedural Posture

Appeal Against Decision of Cumbria Valuation Tribunal / Final Judgment

Legal Issues

  1. 1 Whether boathouses are domestic property under section 66 of the Local Government Finance Act 1988
  2. 2 Whether boathouses qualify as outhouses or appurtenances within the curtilage of associated dwellings
  3. 3 Whether boathouses are private storage premises for articles of domestic use

Ratio Decidendi

Boathouses located at a substantial distance from dwellings and separated by land in other ownership and public highways are not within the curtilage and do not qualify as appurtenances or outhouses under section 66(1)(b); boats stored in boathouses are not articles of domestic use under section 66(1)(d).

Court Disposition

Appeals dismissed except for RA/7/2001, which is allowed.

Orders

  • Entries for boathouses RA/3-6/2001 remain in the rating list as rateable property.
  • Entry for boathouse RA/7/2001 adjacent to dwellinghouse deleted from the list.