Council wins £300k in Mechanics’ battle (From Swindon Advertiser)

Council wins £300k in Mechanics’ battle

11:00am Wednesday 15th February 2012 in News By Matthew Edwards

SWINDON Council yesterday won its legal battle to recover more than £300,000 it spent to save the Mechanics’ Institute roof from collapse.

High Court judge Mr Justice Ramsey ordered the Mechanics’ owners Forefront Estates Ltd, which is owned by Mathew Singh, to pay the council £331,242 plus £13,249 in interest and legal costs of £60,128.

Forefront faces an additional claim from the council for £450,000 worth of other emergency works it discovered were needed when it worked on the roof.

Forefront had argued that the work was not necessary to keep the building safe, but the judge ruled that the costs were reasonably incurred under the 1984 Building Act.

The Mechanics’ Institute was built by Great Western Railway in 1855 to provide a place for recreation and education for railway workers. It included a theatre and a library, and is now Grade II listed and within a protected conservation area.

After Mr Singh acquired it in 2003, he obtained planning permission to convert it to flats and carried out some work.

But, the judge said, it has fallen into disuse and has not been properly maintained.

The council obtained an order from magistrates allowing it access to the premises, and took action to support the roof.

It sought to recover its costs under section 78 of the 1984 Act but Forefront argued the council was not entitled to recover its expenses because under section 77 of the Act, it should have obtained an order forcing Forefront to carry out the work.

It also disputed that the works were necessary to make the roof safe.

But the judge said: “Even on an objective view, the roof in this case was dangerous and the council properly concluded that it was necessary for immediate action to be taken to remove the danger.”

The council had claimed a total of £393,271 but the judge ruled that £331,242 was reasonably incurred.

The judgment came the day after a meeting of Swindon Council’s Scrutiny Committee heard from the newly formed Mechanics’ Advisory Group.

The group has been set up to find a use for the building but the only option so far appears to be from the Prince’s Regeneration Trust which has suggested turning the building and parts of the Railway Village into a retirement complex.

The advisory group says other options should be explored.

Coun Peter Heaton-Jones, chairman of the group, said: “The purpose of the group was to make a recommendation of the best way to move forward with the Mechanics’ Institute.

“I want to make it clear, we regarded this as being an important opportunity to move forward with the Mechanics’ Institute.

“The Prince’s Regeneration Trust is not the only option but one that has been looked into.”

A council spokesman said: “Swindon Borough Council acknowledges the judgement which vindicates the actions we took to make the building safe. We will continue to work with all interested parties to find a sustainable future for the Mechanics Institute.”

Mr Singh was unavailable for comment yesterday.