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Present:
Mr D Tretton VOA
Mr P Bond VOA
Mr S Wright VOA
Mr V East VOA
Mrs C Corkish VOA
Mr J Schurder RICS
Mr C Partridge RICS
Mr R Messenger IRRV
Mr T Dixon IRRV
Mr B Penfold RSA
Ms D Trollope RSA
Mr J Bloor RSA
Mrs A Ryniejski VOA (Secretary)
Apologies: Ms D Leggo VOA
Mr P Bevan VOA
The minutes of the previous meeting held on 17 June2004 have been distributed to all members of the PBLG.
2.1 Summary Version of Minutes of Meeting 17 June 2004
The draft summary version of minutes produced by Jerry Schurder have been distributed to all members for inclusion on their respective websites. It was agreed that future minutes of the meeting would be produced in summary version only.
2.2 Copies of VOA Instructions
Current VOA instructions for Appeals Regulations, Effective dates and Transitional Relief were appended to the minutes of the previous meeting.
- Invalidity – proposals made with two codes of grounds
Having reviewed the wording of the relevant regulations and the material and effective date provisions VOA remains of the view that proposals submitted with more than one code of grounds are invalid. Professional Bodies suggested that this be communicated to the Rating Profession via the RSA and it was agreed that this would be considered and a response provided to the next meeting. (Action Point – Patrick Bond)
2.4 Sale of VOA Data
Tom Dixon advised of continuing difficulties obtaining information on the sale of summary valuations in connection with the 2005 Rating List and it was agreed that a situation report from VOA Data Strategy Manager, David Hughes be included in the minutes. This is provided below.
“The facility to supply in bulk the data included within the summary valuations which appear on the VOA website has been developed, and the file specification has been shared with all identified customers. Due to the volume of data the initial supply will be by way of magnetic tape with fortnightly updates from 1 November available from the VOA IFT site. Following legal advice a new form of agreement has been drafted to regulate the supply. It is therefore expected that everything needed for the supply of SV data will be in place by 1 October.”
Professional Bodies requested a copy of the covering letter that will accompany summary valuations and an example of a hard copy valuation. Vic East agreed to provide these having first checked with Communications that this would not have any adverse impact on VOA structured communication policy. (Action Point – Vic East)
2.5 C ommunications Campaign for Summary Valuations
The campaign will roll out in the press from Sunday 10 October, starting with the national titles. It will then appear in selected regional newspapers and business publications in England and Wales. The advertisement will appear as separate English and Welsh versions in the media in Wales. There will also be an online advert, which will run on selected websites, including those of national daily newspapers and business publications.
2.6 Appeals Regulations
Blake Penfold advised that Nic Suggit of ODPM had invited Professional Bodies to attend a brief presentation on 11 October 2004 on the proposed appeal regulations for 2005. Patrick Bond and Michael Pearce will attend on behalf of VOA.
2.7 Issue Of Forms of Return to Head Offices.
Having spoken to Market Information Units VOA advised that it might be possible to issue Forms of Returns to registered Head Offices if Professional Bodies provided details of addresses. It was accepted that there might be some difficulties in maintaining these due to portfolio changes. Professional Bodies questioned whether Civil Penalty Notices might be dealt with in a similar manner and Patrick Bond agreed to give both matters further consideration. (Action Point – Patrick Bond)
2.8 Dell Stadium – Brierley Hill
VOA expert reports are with the LT, but the agent's report has not yet been received. Professional Bodies reported some difficulties in obtaining postponements on leisure centre appeals because of the inactivity on this case.
2.9 VON – Incorrect delivery address
Jerry Schurder had complained of a VON on a new assessment that took over 6 months to arrive at the hereditament. Stephen Wright investigated and the matter has now been resolved.
2.10 1973 Transitional Certification
Both the agents involved and the VOA Network have recently been advised of VOA policy approach regarding 1973 transitional certification and progress is now being made.
3.1 Draft Rating Lists
Draft rating lists were generated over the weekend 10-12 September 2004. The data has been checked and signed off and the lists are now in the process of being checked and distributed.
3.2 Summary Valuations The production for the initial issue of summary valuations in hard copy form will be undertaken by a third party (Adare Halycon) on behalf of the VOA and delivered by Royal Mail, beginning on 4 October, over a four week period.
Help Desks have been set up in each Group to deal with enquiries and staff manning the telephones have been given full training and provided with a set of what are expected to me the most common questions and answers.
3.3 MyBusinessRates Website
The launch of the new www.mybusinessrates.gov.uk website was discussed. This is a joint venture between VOA and ODPM and has been publicised as the first point of call for information for the small business ratepayer. Some BAs have expressed some concerns that the Website contains a rates bill indicator.
3.4 Rating Lists on the Internet
It is planned to havea greatly enhanced Rating List Application on the Internet wef 1 October 2004 and this has been demonstrated to some members of Professional Bodies.
Concerns were expressed that staff at ODPM have insufficient experience to deal with the complexity of the issues involved in compiling the Regulations for 2005. David Tretton agreed to raise this matter with Andrew Hudson. (Action Point – David Tretton)
Nic Suggit has written to Jerry Schurder setting out plans for a limited right to a fresh appeal where due to a withdrawal of a later appeal an earlier one is treated as historic. Jerry Scurder commented that this did not resolve all the issues involved and was limited to compiled list proposals. Patrick Bond will ask Nic Siggit for a copy of this communication. (Action Point – Patrick Bond)
The VOA agreed to consider whether to send penalty notices by recorded delivery. (Action Point – Patrick Bond)
The Alteration of List and Appeals regulations are silent on what actually constitutes delivery of a penalty Notice. It was agreed that this would be reviewed, along with a suggested amendment to the regulations to allow Valuation Tribunals to hear appeals against penalty notices. (Action Point – Patrick Bond)
An exchange of views followed on the VOA targeted issue of FORS that are pursued to penalty and the circumstances in which penalties will be remitted.
Denise Trollope informed those present of a case where a client had paid a penalty notice that the VOA had agreed not to pursue and has been informed that the money paid cannot be refunded. She agreed to provide full details to Patrick Bond who will investigate this matter. (Action Point – Denise Trollope/Patrick Bond)
Professional Bodies complained of administrative and procedural difficulties experienced when dealing with Groups that are assisting other Groups within the Network in clearing rating appeals. VOA has put protocols in place but it was conceded that these are not always adhered to. Stephen Wright asked to be alerted to any specific examples of difficulty as they arose.
Revised programmes will be published from 1 October 2004 and will continue on for years 2005/6. Some gaps will be left for 2005 appeals to be programmed and these will be reviewed once the extent of the challenge is known. Lead Valuers and Groups will also be identified at this time.
A framework strategy for programming is in place at a local level and consideration was given over the extent and focus of consultation on draft programmes. It was felt that local meetings are feasible and that these should also include valuation tribunals.
Charles Partridge advised of current programming difficulties experienced with recent proposals lodged with City Group. He has received listing notices for hearing where no negotiation or discussion has taken place. He agreed to provide full details to Stephen Wright who will then investigate further. (Action Point – Charles Partridge/ Stephen Wright)
Charles Partridge will forward a paper detailing the current position on electronic communication to all members of the Professional Bodies Liaison Group. (Action Point – Charles Partridge)
10.1 The National Trust, Hidcote Manor Gardens, Gloucestershire, GL55 6LP
The National Trust, Snowshill Manor, Worcestershire, WR12 7JU
The National Trust has appealed against the Valuation Tribunal’s decision confirming the VOA had correctly identified and separately assessed the retail and catering units operated by National Trust (Enterprises) Ltd (“NTE”) at two historic properties in Gloucestershire. A submission has been made to IR Solicitor for continued legal representation in these cases.
10.2 Total (ex Elf) Oil
A Pre Trial Review has resulted in a timetable and discovery of documents by both sides. A marine engineer has been appointed, a joint inspection of the jetty carried out and his Draft Report received. An oil industry expert has also been appointed. Experts Reports, and Rebuttal Reports have now been exchanged. Agreement of the Statement of Facts is due and the Lands Tribunal hearing is listed for 27 September 2004 for two weeks.
10.3H.J. Banks and Co Ltd.
This case relates to a number of opencast coal sites in the 1990 list and has been heard before the Lands Tribunal (Mr Clarke). Final submissions are being heard on 23 and 24 September and hopefully a decision later this year. The VOA and its legal team remain confident of a favourable outcome.
10.4 National Car Parks Ltd v Baird (VO) & ANR (Court of Appeal)
This appeal in respect of the 1990 lists arose from the provisions in the LGFA 1988 for both alterations to the list, in accordance with the regulations, and for transitional relief. The interaction between these alternatives meant that for the years 1990 to 1992 it could be more beneficial for a ratepayer to obtain transitional relief than a reduction in value. An amendment to the regulations in 1994 - the Non-Domestic Rating (Alteration of the lists and Appeal)(Amendment) Regulations 1994 SI 1809 introduce new regulations for effective dates with effect from 9 July 1994. In the instances of the original appeals on the subject properties - in Manchester and London Kensington - the ratepayer's agents had withdrawn their appeals prior to the 1994 regulations coming into effect in the expectation that the VO would alter the lists. The VO in each case did alter the list but not until after the 1994 regulations came into force. The issue considered by the Court of Appeal whether the VO acted unlawfully in failing to correct the list before the 1994 regulations came into effect. All three members agreed that the appeal should be dismissed.
10.5 Vtesse Fibre Optic Network
The Berkshire VT decided the Vtesse Fibre Optic network appeal on 16 July in favour of the appellant and ordered the deletion of the assessment. They based their decision on two disputed facts in respect of the operation of fibre agreements and on a comparison of leased fibre with BT leased copper circuits.
11.1 Council Tax Revaluation - England - AVM and Mini Revals
The process of revaluation in England using Automated Valuation Model (AVM) technology will start in April 2005 for completion by September 2006 when draft lists will be published before they come into effect from 1 April 2007.
The computer modelling technology significantly speeds up the process of revaluation. Data processing and calculation work can be done automatically from property data and sales information and will assist in making banding more consistent across large numbers of similar properties
Although AVM will help tremendously with the forthcoming revaluation there will still be a number of properties that are not typical and manual valuations will be required.
11.2 Council Tax Regulations
ODPM have indicated that they are willing to consider various proposals for improvement that have been suggested by the VOA.
Blake Penfold will write to Charlotte Corkish regarding an appeal where advance discussions were presented to Valuation Tribunal as evidence. This matter will then be investigated. (Action Point – Blake Penfold and Charlotte Corkish)
13.1 Effective Dates
Charles Partridge sought advice in a case where he has agreed a split of assessment with an effective date of 1 December 2003. Congestion charge appeals lodged in March 2004 are currently being considered and there is some dispute over the effective date for these. He enquired whether it would be possible for the congestion charge appeals to be linked to the split that has taken place. Patrick Bond agreed to look into this. (Action Point – Patrick Bond)
It had been agreed that the next meeting would be held on Thursday 16 December 2004. However this date is now unfortunately inconvenient to the majority of VOA staff and the secretary will contact all members to agree an alternative date. (Action Point – Ann Ryniejski) |
