The Stage

Derby Hippodrome ‘dangerous and unsafe’ tells expert witness

Published Wednesday 23 April 2008 at 16:50 by Matthew Hemley

Derby Hippodrome is an unstable building that poses a potentially deadly danger to the public and builders contracted to carry out works on it, London’s High Court was told today.

The Grade II-listed Hippodrome was purchased by developer Christopher Anthony in May last year and he later began works on what he claimed were “unsafe” and “loose” parts of the building’s roof, which he says were a danger to the public.

But Derby City Council stated that it fears for the future of the town’s historic landmark in Anthony’s hands and that the venue is at risk of being “illegally demolished” if he has his way.

The authority is seeking an injunction from Mr Justice Wyn Williams sitting at London’s High Court, restraining Anthony from carrying out further works on the building.

Garrett Byrne, barrister for Derby City Council, set out his case at the start of the hearing yesterday, saying that the building was structurally sound and was being illegally demolished by Anthony under the guise of making it safe.

However, the court heard evidence from health and safety expert, Chris Hansley, who told the judge that the Hippodrome is in such a state of disrepair that it could “put a man’s life in danger” if works were carried out on it without the appropriate heavy duty mechanical equipment.

This evidence was called in response to accusations that Anthony had damaged the building with heavy-handed mechanised intervention earlier this year.

“It was immediately apparent that the building was in a dangerous and unsafe condition. The site should be classified as dangerous to construction operatives and members of the public,” the expert told the court.

Charles Mynors, for Anthony, backed Hansley’s opinion in his closing speech.

He said: “The present application for an injunction is simply an attempt by the council to prevent the owner of a building from doing what he has been advised to do by appropriately qualified professionals. The owner of a building that is, or may be, dangerous is liable to visitors and passers by to ensure that they are reasonably safe.”

He added: “It would be possible for Anthony and his advisors to simply accept the approach of the council and to wash their hands of the whole affair so that any damage caused by any collapse would be the clear responsibility of the Council. It is greatly to their credit that they have not. But it is wholly wrong for an authority to seek by means of injunctive relief to prevent the carrying out of works said to be necessary to secure safety. The balance of convenience must be in favour of safety.”

After a two-day hearing, Mr Justice Wyn Williams is expected to reserve his decision on the case until a later date.