Derby Hippodrome High Court judgment welcomed by The Theatres Trust
10th April 2008
Mhora Samuel, Director of The Theatres Trust attended the High Court hearing held today in London where Derby City Council (claimant) applied for an injunction to prevent the owner of the Derby Hippodrome (respondent) from carrying out further demolition of the theatre. In the three and a half hour hearing the owner continued to assert that his experts declared the building was unsafe and required demolition, contrary to the views of the Council and English Heritage who considered that the building was safe to the public on the street and could be saved.
The respondent’s barrister stated that the owner was not required by listed building legislation to preserve the theatre and intended to demolish the building. He raised the issue of asbestos in the safety curtain and that this continued to pose a health and safety risk. The owner wanted to remove it by using a machine to go in and lift it out of the building. He said that the proscenium would not survive this process of removal.
Mhora Samuel said, “I was very concerned to hear that the owner’s approach to making the building safe would result in the loss of the proscenium. I am pleased that the final judgment 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 the 28 March had not been given to Derby City Council. I now urge the Council to proceed with prosecution and enforcement to have the theatre restored.”
The view of the judge, Mr Justice Saunders, was that the status quo should be retained until a proper trial could take place but issues of health and safety were serious considerations that needed attention. Faced with ‘two sets of experts diametrically opposed to each other’, both parties agreed to the appointment of an independent expert, John Ruddy CEng MICE MIStructE, a Conservation Accredited Engineer, who would produce a report on the state of the building for a further hearing on the week beginning 21 April. In the meantime the judge ordered that the health and safety issues in the building be kept under close scrutiny by both parties.
