High Court stay of execution for Derby Hippodrome

Published Friday 25 April 2008 at 17:05

Derby Hippodrome has been given a reprieve from “demolition” at the hands of its current owner, after a top judge at London’s High Court imposed an injunction today.

The Grade-II listed historic theatre was purchased by developer Christopher Anthony of Grafton Square, Clapham, south London, in May last year. Anthony subsequently began works on the building, saying it was “unsafe” in its run-down condition and needed to be at least partly demolished because it posed a danger to the public.

But Derby City Council, in a bid to stop Mr Anthony “illegally demolishing” the Hippodrome, went tothe High Court in London to seek an injunction restraining him from carrying out further works on the building.

Today, Mr Justice Wyn Williams granted the council an injunction, after rejecting Anthony’s claim that the building is structurally unstable and potentially lethal to the public.

The judge said he was granting the injunction to prevent the historic landmark being “lost for all time”.

The council’s lawyers argued this week that measures they have taken to create an exclusion zone around the building are sufficient to nullify any danger it may pose to passers-by and that it is essentially structurally sound.

The judge said today: “As a consequence of the collapse of part of the roof, Mr Anthony and his advisors are convinced that the condition of the building is such that it may collapse and that any person who ventures within it, or very close to it, is subject to a risk of serious injury or death.

“They also take the view that the erection of an exclusion zone around the building does not sufficiently protect persons outside that zone from a similar risk should there be a collapse of the building.

“Given that state of affairs, they have reached the unequivocal conclusion that they should commence demolition work in relation to the building as quickly as possible.

“The council takes the view that the building is not in danger of collapse and that such risks as still exist, for example falling debris, are not risks which give rise to a risk of injury in view of the security measures which it expects Mr Anthony to enforce. In these circumstances, submits the council, the building should be preserved.

“It is obvious that Mr Anthony intends to demolish substantial parts of what remains of the building at the very least. In the absence of an injunction, therefore, the building will very soon cease to exist in any meaningful sense and the prospects of renovation, repair and refurbishment will in reality be lost for all time.

“It seems to me that, unless I am satisfied that Mr Anthony is right in his contention that there is an immediate need to undertake the work of demolition in the interests of protecting the safety and health of individuals, there is no real basis for the refusal of some kind of injunctive relief.

“In my judgement Mr Anthony has failed to establish that there is currently a substantial risk of collapse.

“It does not seem to me that there is cogent evidence which supports the conclusion that such is the risk of a collapse of major parts of the building that steps should be taken immediately to begin demolition.

“I therefore propose to grant an injunction,” the judge concluded, before also ordering Mr Anthony to pay the council £20,000 in legal costs within the next 28 days.

The judge did grant Mr Anthony permission to carry out works to remove asbestos, which has been revealed by damage to the building’s roof, and he and the council must now agree about the correct way in which to do this.

If they cannot reach an agreement, they will come back to court to argue the matter out.

However, the Hippodrome’s future is still not totally secure, as Mr Anthony has an application pending for listed building consent to carry out the works he says are necessary.

Following the judgement, Derby City Council leader Chris Williamson said that the local authority was “pleased” with the verdict, but was still considering taking a prosecution against Anthony.

He added: “The court’s decision has given us a clear direction for our next steps. The council will inform Mr Anthony that he is expected to comply with our Urgent Works Notice and undertake other essential repair work to the building. This will ensure that it remains in its current condition until the Listed Building Consent application submitted by Mr Anthony two weeks ago is determined.

“As with any application, there would be a consultation process involving English Heritage and other interested parties before a recommendation is made to the planning committee. The council will continue to monitor the site and stay in contact with the owner and our experts to ensure the minor works allowed by the court do not cause any further damage.”