The University of Sheffield is seeking to prevent the demolition of a laboratory and office building on land leased to a tenant for 1,000 years. The tenant, which plans to relocate, wants to pave the way for the land to be developed.
In 1957, non-profit research group British Glass Manufacturers Confederation took a lease of the site at Northumberland Road for £1 pa, and covenanted to build the laboratory and office building. It now intends to move to purpose-built premises near the M1.
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 assigned the lease to Sheffield-based HNE (Northumberland) Ltd. HNE plans to demolish the buildings and redevelop the site.
Both HNE and the confederation are now asking Lewison J to declare that the lease does not contain any covenants that restrict the use of the land. They also want the judge to declare that, subject to ordinary planning control, they are entitled to demolish the buildings and redevelop the site without any restrictions on its future use.
However, the university contends that replacing the existing structures with anything other than buildings intended for the same research purposes would breach a covenant contained in the lease to keep the premises in good repair.
It is seeking an injunction to prevent the confederation and HNE from demolishing the buildings and erecting residential accommodation in their place.
The hearing continues.
British Glass Manufacturers Confederation and another v University of Sheffield Chancery Division (Lewison J) 25 November 2003.
References: EGi Legal News 26/11/03
