Legal challenge over ‘neglect’ of vandalised Torquay Pavilion

Campaigners trying to save Torquay’s historic harbourside Pavilion say vandalism and neglect are putting the building at risk.

Now their legal advisors are warning Torbay Council that it must act before it is too late to save the former theatre.
They say vandals who have smashed windows and forced their way into the Pavilion have created an unacceptable risk.
A letter to the council from solicitors acting for the Save Torquay Pavilion group says: “Given the sad repeated history of arson in abandoned buildings in Torquay, the threat to the heritage asset is real and continuing.”
The letter threatens to hold the council ‘accountable’ if damage is caused as a result of neglect.
Torbay Council is due to take full ownership of the building back from long-term leaseholders MDL Marinas in the next two weeks, with a pledge to make a start on restoring it to its former glory.
But campaigners warn that even that could be too late, and repairs need to be made now.
The council already has a team working to assess the condition of the building and identify urgent work needed.
First opened as a theatre in 1912, the Pavilion later became an ice rink and a shopping complex before closing for good in 2013. The lease held by Southampton-based MDL Marinas was designed to run until 2084, but the council and MDL have been unable to agree on who should pay for repairs, leading to what council officers describe as a ‘stalemate’.
No future use has yet been specified for it, but the council has previously considered  culture, food and drink, heritage and leisure uses. An ambitious scheme which would have seen the Pavilion becoming the ‘front of house’ for a giant new hotel was rejected after years of wrangling.
The solicitor’s letter says the building has been left unprotected from the elements. Windows have been smashed, and intruders have got inside the structure on a number of occasions.
“Urgent action is now required both to protect the listed asset and the public,” the letter says. It argues that the council should use the power it already has to work quickly to preserve and secure the building. Windows should be covered and drains unblocked. The building itself should be covered and CCTV enhanced, with the current temporary building compound for the nearby harbourside project removed.
And, the letter warns: “The council is ‘on notice’ that should further damage, or worse, occur due to the council’s failure to use its powers to protect the heritage asset, our client will take all reasonable steps to ensure that the council is held accountable.”
Torbay Council deputy leader Chris Lewis (Con, Preston) is the authority’s cabinet member for place, development and economic growth.
He said: “The council knows how important the Pavilion is to the local community.
“Negotiations with the leaseholder are due to conclude at the end of this month. This will then mean the council has full control of the building and will allow us to move forward with our restoration plans.
“The council already has a team assessing the condition of the building, including work that needs to be carried out as soon as possible to protect it from further damage. Conversations are also happening with interested parties regarding the future use of the building.
“Torbay Council is committed to restoring the Pavilion and will share more information on its restoration plans in early October.”