THE bulldozing of The Futurist cinema now looks certain to go ahead after the High Court today threw out a legal challenge to a controversial, £35 million scheme to regenerate Lime Street.
Or is it?
Despite the council jumping for joy, the battle is not yet over, with London based heritage campaigners SAVE considering an appeal.
The Manchester court decision, announced in a judgement today, paves the way for the demolition of the Futurist (and its next door neighbour the Scala) as well as a number of other historic buildings between the ornate Vines and Crown public houses.
SAVE Britain’s Heritage had attempted to overturn planning permission granted by Liverpool City Council last year. It describes the Lime Street vision as “poor and, crucially, unnecessary”, adding “the fact that the street is in poor repair is not an excuse to tear it down”.
The scheme involves a redevelopment for mixed use including commercial, retail and leisure uses with hotel and student accommodation. Developer Neptune today said it would waste no more time in demolishing the row of buildings.
In her judgment, the Honourable Mrs Justice Patterson dismissed the substantive application for a judicial review. It had been made by SAVE on the grounds that the city council had failed to notify the DCMS (Department for Culture Media and Sport) and UNESCO’s World Heritage Committee, and was therefore in breach of planning guidance.
But Judge Patterson rejected the bid, saying Historic England (formerly English Heritage) had been consulted and had not raised any objections or request the scheme be called in for scrutiny by Greg Clark, the Secretary of State at the Department for Communities and Local Government.
She described the evidence provided by the city council at the hearing in December as “impressive and clear”, concluding that the local authority had properly considered whether the scheme would have an impact on the Outstanding Universal Value of the World Heritage Site.
Judge Patterson said it would cause “considerable problems” for the World Heritage Committee – which only meets once a year - if it had to consider all planning applications that could have an effect on the Outstanding Universal Value of World Heritage Sites.
SAVE’s campaign won support from award-winning screen writer Frank Cottrell Boyce who contended: "There's a future for these niche cinemas as seen in New York and Berlin. So why not make the Futurist into the UK's leader and put Liverpool ahead of the game again?”
Such a scenario was impossible, according to Mayor Joe Anderson, who said: “Considerable efforts were made to save the Futurist including commissioning two surveyors’ reports both of which concluded that its condition was so poor that there was simply no way it could be salvaged.”
So for now the fate for the Futurist is bleak.
Commenting on the High Court ruling, Mayor Anderson, said: “We were confident that we had properly and rigorously considered this application following all of the relevant Government guidance, and it is pleasing that the High Court has come to the same conclusion.
“Lime Street is a key gateway route in the city centre that is in desperate need of investment and upgrading. The scheme went through a very rigorous evaluation before being approved.
“We want to get on with allowing the developers to invest in their vision and bring Lime Street up to a much higher standard than it has been for decades and one that is fitting for a major entry point into the city centre.
“This legal move, which I believe was based on spurious grounds, was an attempt by outside interest groups to delay much needed regeneration, and fortunately the High Court has seen right through it.
He added: “It has not proved possible to save the facade of the former Futurist cinema within the new scheme because of its poor structural condition following deterioration over a number of years, and this decision has been accepted by the Save the Futurist campaign group.”
Steve Parry, managing director of Neptune, said: “Lime Street urgently needs this project to happen. There has already been a cost associated with a delay that has impacted on the project’s financial viability. On a positive note we have exchanged with a major fund before Christmas and can now hopefully get on with early demolition and delivery of a new vision for Lime Street.
There are already proposals to transform the opposite side of Lime Street with a project centred around the old ABC cinema.
SAVE Director Clem Cecil says: “SAVE does not agree with the decision and is looking into appealing against it. This is Liverpool’s gateway street. It is imperative that proper consultation takes place in order to secure the best possible design solution for the site. In this case it has not taken place.
"SAVE has been campaigning for historic buildings in Liverpool for 40 years and knows how important it is to take the long term view. The suggested replacement proposals are poor and, crucially, unnecessary. They replace a coherent streetscape that has evolved over centuries, with a monolithic student block and bland shopping centre.
"The fact that the street is in poor repair is not an excuse to tear it down.”
