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It's a gas
Key points
- The definition of ‘plant’ continues to exercise the courts especially the distinction between plant and premises.
- The fact that an asset is essential to the business does not mean that it is plant.
- The question is whether an asset functions primarily as premises/setting or as plant/apparatus.
- Storage is a premises-like function rather than a plant-like function.
- In this case the ‘significant and predominant’ function of the assets in question (large cavities for storing gas) was the premises-like function of shelter and containment.
- The tribunal also reaffirmed that list C (at CAA 2001 s 23) which rescues certain assets from a statutory bar on qualifying as plant does not act by analogy.
The First-tier Tribunal has recently considered yet another case on the meaning of plant. In fact this was a dual appeal from two connected companies: Cheshire Cavity Storage 1 Ltd and EDF Energy (Gas Storage Hole House) Ltd (TC7301). As...
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