The Stage

Theatres Trust Samuel backs High Court reprieve for Derby Hippodrome

Published Friday 11 April 2008 at 17:40 by Alistair Smith

Theatres Trust director Mhora Samuel has welcomed yesterday’s ruling at the High Court at which the Derby Hippodrome was given a stay of execution.

Derby City Council had taken property developer Christopher Anthony - the Hippodrome’s owner - to court in a bid to obtain an injunction to prevent him from demolishing the historic Grade-II-listed theatre.

Anthony had claimed that, because of damage sustained while he undertook repair work on the building last month, the site was now unsafe and needed to be demolished.

While the judge, Mr Justice Saunders, did not grant the injunction, he charged the two parties to appoint an independent structural expert who will report back to the court on the building’s future later this month.

Samuel, who attended the court hearing, commented: “I was very concerned to hear that the owner’s approach to making the building safe would result in the loss of the proscenium [Anthony’s barrister had claimed that an asbestos safety curtain needed removing urgently, and that the process of removal could cause further damage]. I am pleased that the final judgement issued by the court identified that it is a criminal offence to undertake works to a listed building without consent, and that whilst he was not in a position to adjudicate on this matter, the judge did state that advance notice of the works to the roof on March 28 [when extensive damage to the building occurred] had not been given to Derby City Council. I now urge the council to proceed with prosecution and enforcement to have the theatre restored.”

During his verdict, the judge stated that there was “clearly a triable issue between the parties” and noted that it was a criminal act to demolish a listed building. However, he stressed that it was not his responsibility to adjudicate on that at present.

He added: “The maintenance of public safety is, of course, paramount‚Ķ the maintenance of this building cannot take precedence over public safety.”

He also ordered that the state of the building be kept under constant review until the court reconvened.