Council wins landmark Mechanics' Institute case (From Swindon Advertiser)

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Council wins landmark Mechanics' Institute case

12:53pm Tuesday 14th February 2012 in Local By Scott McPherson

SWINDON Council has today been awarded more than £300,000 from the owner of the delapidated Mechanics' Institute for stepping in to stop the roof collapsing.

High Court judge Mr Justice Ramsey ordered the owners of the Mechanics’ Institute at Emlyn Square, Forefront Estates Ltd, to pay the Council £331,242 plus £13,249 in interest and legal costs of £60,128.

But the judge said that Forefront faces an additional claim from the Council for £450,000 worth of other emergency works it discovered were required whilst it worked in 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 Forefront acquired it in 2003, it obtained planning permission to convert it to flats and carried out some work, however, the judge said, it has fallen into disuse and has not been properly maintained.

The Council obtained an order from the Magistrates’ Court allowing them access to the premises, and took action to support the roof. It sought to recover its costs, under section 78 of the 1984 Act.

However, Forefront argued that the Council was not entitled to recover any of its expenses because it should have proceeded under section 77 of the Act, and obtained an order forcing it to carry out the work on its own property. It also disputed that the works were reasonably necessary to render the roof safe.

Allowing the Council’s claim, in a decision which clarifies the rights of councils to step in and protect listed buildings, 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 in respect of the works, but the judge ruled that £331,242 was reasonably incurred. He added that the Council intends, in due course, to claim the further £450,000 for works carried out under section 54 of the 1990 Planning (Listed Building and Conservation Areas) Act.

Comments(20)

bampi says...
2:47pm Tue 14 Feb 12

"the judge ruled that the costs were reasonably incurred under the 1984 Building Act."

Judges getting paid £500 to £1000 per hour would think the coss were reasonably incurred wouldn't they? They don't live in the real world! £330,000 would buy you the time of about 6 judges for a week.

"The Council had claimed a total of £393,271 in respect of the works, but the judge ruled that £331,242 was reasonably incurred."

So let me get this straight, the Council were trying it on according to the judge, otherwise he would have awarded the costs in full. Kettle and pot come to mind!