Poundland Ltd v SDI (Strabane) Ltd
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Neutral Citation | BT/123/2020 |
| Date | 15 February 2023 |
| Court | Lands Tribunal (Northern Ireland) |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
LANDS TRIBUNAL RULES (NORTHERN IRELAND) 1976
BUSINESS TENANCIES (NORTHERN IRELAND) ORDER 1996
PLANNING ACT (NORTHERN IRELAND) 2011
IN THE MATTER OF AN APPLICATION
BT/123/2020
BETWEEN
POUNDLAND LIMITED – APPLICANT
AND
SDI (STRABANE) LIMITED – RESPONDENT
Re: Units B & C Lesley Retail Park, Strabane
Lands Tribunal – Henry Spence MRICS Dip Rating IRRV (Hons)
Background
1. Poundland Limited (“the applicant”) is the tenant of Units B & C Lesley Retail Park, Strabane
(“the reference property”) under a lease which commenced on 5th February 2010 (“the
lease”) between Beechdale Properties Limited and the applicant. The lease, which has now
expired, was for a term of 10 years and at an initial rent of £150,000 per annum.
2. On 9th June 2016 SDI Strabane (“the respondent”), a subsidiary of Frasers Group PLC,
purchased the reference property from Beechdale Properties Limited for a sum of
£4,975,000.
3. The applicant made a request for a new tenancy on 26th June 2020. In response, the
respondent replied indicating that it was not willing to grant a new tenancy, citing the
grounds of opposition detailed in Article 12(1)(f) of the Business Tenancies (Northern Ireland)
Order 1996 (“the Order”). These grounds are commonly known as “redevelopment” grounds.
4. Thereafter, on 1st September 2020, the applicant made a tenancy application to the Lands
Tribunal, as it wished to continue its tenancy and occupation of the reference property.
5. The issue for the Tribunal is, has the respondent satisfied the grounds of opposition to a new
tenancy, as detailed in Article 12(1)(f) of the Order?
Procedural Matters
6. The respondent was represented by Mr Keith Gibson BL, instructed by Eversheds Sutherland,
Solicitors. On behalf of the respondent the Tribunal also received expert witness evidence
from Mr Warwick McCullough, managing director of HPA Architecture and from Mr Tom
Stokes, director of TSA Planning.
7. In addition, Mr Alistair Dick, director of SDI Strabane Limited, Mr James Mallon, estates
manager of Fraser Group in Northern Ireland and Mr Ryan Kee of Lambert Smith Hampton,
appeared as witnesses of fact on behalf of the respondent.
8. The applicant was represented by Mr Richard Shields BL, instructed by DWF Solicitors. Mr
Wayne Storey, managing director of Wayne Storey Associates, provided expert evidence on
behalf of the applicant and Mr Ben Wall, head of portfolio management Poundland, appeared
as a witness of fact.
9. The Tribunal is grateful to all of the participants for their helpful submissions.
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