Council awaiting High Court judgment after brewery brings chapel demolition judicial review challenge

Redcar and Cleveland District Council is awaiting a ruling from the High Court regarding a judicial review of its decision to approve the demolition of a church building situated in a conservation area using powers under the Building Act 1984.

The council approved the demolition of Arlington Chapel in the North Yorkshire village of Loftus after two independent structural assessments of the building found that it is at imminent risk of collapse.

A website for the ‘Loftus Masterplan’, the council’s development plan for the village, noted: “Both reports detail the very poor structural condition of the buildings and highlight that the impending weather change as winter approaches increases the risk to the structure due to the higher winds and snow fall.”

The local authority – which owns the chapel – used powers under Section 78 of the 1984 Act to approve demolition.

Section 78 provides that:

If it appears to a local authority that—

(a)a building or structure, or part of a building or structure, is in such a state, or is used to carry such loads, as to be dangerous, and

(b)immediate action should be taken to remove the danger, they may take such steps as may be necessary for that purpose.

This decision was subject to a judicial review launched by Samuel Smith Old Brewery, a family-owned company that owns and runs pubs across North Yorkshire and England.  

Kings Chambers represented the local authority. According to council documents, up to £30,000 will be spent on the legal action.

If successful, the council plans to request legal fees to be reimbursed from the point of challenge from the claimant.

A spokesperson said: “The Council purchased Arlington Chapel in Loftus, as it was identified as a key plot for potential future development, as part of the Government’s Future High Streets Fund bid.”

According to the spokesperson, the demolition of the former chapel is “progressing well and is currently 90% complete".

They added: “A High Court hearing around the legal challenge to demolish the building has taken place with the judgment due to be given at a later date.” 

Adam Carey