The University of Sheffield has failed in its attempt to prevent the demolition of a laboratory and office building on land it had leased for 1,000 years. The decision paves the way for the site to be redeveloped for housing.
The lease was originally granted to non-profit research group British Glass Manufacturers, which covenanted to build the laboratory and office building on the land. Despite an attempt by the university to acquire the lease from the confederation, in order to build a new centre for sports medicine on the site, the confederation later assigned the lease to Sheffield-based HNE (Northumberland) Ltd.
British Glass and HNE subsequently sought a High Court declaration that the buildings could be demolished and the site redeveloped by new leaseholders.
However, the university argued that demolition and replacement with anything other than buildings intended for research would breach a lease covenant to keep the premises in good repair.
It sought an injunction barring the confederation and HNE from demolishing the buildings and erecting residential accommodation in their place.
But the High Court has now ruled that the terms of the lease do not prohibit the demolition of the buildings, and do not restrict the use of the land.
The judge said: “The period of use contemplated by the parties was as long a period as separated them from Anglo-Saxon England. Apart from a handful of parish churches, there can be no buildings in the country still in use in their original form after 1,000 years.
“Add to that the parties’ original contemplation that the buildings were to be used for cutting-edge scientific research and it becomes highly improbable that they expected, let alone agreed, that the buildings would remain unaltered for the term of the lease.”
The judge said that he had also taken into account the fact that when the university participated in the bidding process for the lease it had made clear that its intention was to demolish the buildings and to build a centre for sports medicine.
He said: “This may not be the university’s current position, but it is impossible to conclude that the university has any real desire to preserve the existing buildings.”
British Glass Manufacturers Confederation and another v University of Sheffield Chancery Division (Lewison J) 26 November 2003.
References: EGi Legal News 27/11/03
