Veitch Penny Solicitors

Welcome to www.vplaw.co.uk

Court Refuses to Block Listed Hospital Building Demolition

Published: 30 June 2013, in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Court Refuses to Block Listed Hospital Building Demolition

Conservation groups fighting to save a listed former hospital building from demolition to make way for a state-of-the-art engineering block for Sheffield University have failed in a High Court challenge to the plans.

In granting consent for the proposals, Sheffield City Council had correctly balanced conservation considerations against the educational benefits of the new facility, the Court ruled.

Jessop Women's Hospital occupies a prominent site in the Sheffield townscape. It was built under the patronage of Thomas Jessop, one of the city’s industrial fathers, and designed by important regional architect, John Dodsley Webster, in the Gothic revival style. The University bought the site from the NHS in 2001 and, by 2007, had demolished all but the listed buildings that stood upon it.

The council consented to its demolition on the basis that the university’s plans were in the public interest and after receiving advice from its officers that there was 'no scope' within the site to meet the university's needs for additional space if the building, or even just its facade, were preserved. The Secretary of State for Communities and Local Government had declined to ‘call in’ the proposals for central government determination.

Save Britain’s Heritage and The Victorian Society (the claimants) sought leave to mount a judicial review challenge to the council’s decision. Amongst other arguments, they submitted that the council had failed adequately to consider whether the proposals would deliver a public benefit sufficient to justify the exceptional course of demolishing a listed building.

However, the university’s lawyers argued that the project was the lynchpin of its plans to make its engineering faculty the best in the country, if not the world. It was submitted that delaying the development for one year would result in more than 1,500 students not being able to study engineering in the city and would entail a loss of around £22 million to the university.

Refusing the claimants’ application, the Court found that there was no error of law in the council’s decision and that there were no arguable grounds that would merit a full hearing. An injunction restraining demolition of the building was lifted; however the university and its building contractors agreed not to carry out any further work for seven days, pending a possible application by the claimants to the Court of Appeal.

 

  • 0.0/5 rating (0 votes)
  • Social Buttons:
  • Author: Veitch Penny LLP

Veitch Penny Feedback & Reviews

Veitch Penny Feedback & Reviews

Veitch Penny Feedback & Reviews

Veitch Penny now accept feedback by Feefo. To find out what our clients have to say about us, simply click on the blue bar below ...

Click to show reviews from our customers...

Click to show reviews from our customers...

Approachable | Innovative | Practical