Judge asks council to defer costs application against property developer

A judge has asked Derby City Council to defer applying for a costs order against a property developer convicted of damaging a listed building to give him time to sort out his finances.

In a highly unusual move, the judge at Stoke-on-Trent Crown Court, gave the council until January 2011 to apply for the £17,000 court costs it wanted from developer Christopher Anthony to enable him to allow his finances to recover.

Developer Christopher Anthony had been renovating the Grade II-listed Hippodrome Theatre in Derby when work he ordered to be carried out caused the building's roof to collapse. Although it accepted that the damage was not caused deliberately, Derby City Council launched a prosecution against Mr Anthony, which resulted in him receiving a conditional discharge.

His defence counsel said that he had invested £1.2m in the project, but that the site was now worth no more than £25,000. He had not, however, applied for bankruptcy but had entered a voluntary arrangement with his creditors. The court was also told that site could be worth £500,000 if a planning application to turn it into a multi-storey car park was granted.

Judge Pugsley said that there would be “public outrage” if there was no attempt by the council to get the court costs back. "This is a very unusual path to take," he said. "It is vital the messages goes home that the local authority is right to take action in cases of buildings of great sentimental or architectural and historical importance in times of public finance famine."