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Search forJudge orders Derby City Council to pay Gayton Pool repair bill
Friday, July 18, 2008, 12:50
Deputy High Court Judge David Oliver QC ruled in favour of campaigners who had fought to save Gayton Swimming Pool.
He said Derby City Council would have to repair the pool, and he awarded Gayton Community Association £9,500 in general damages.
The council and the association will now agree the work to be carried out to the pool and have three months to reach that agreement.
If they cannot agree, the issue will go back to court and the judge will have to make a decision. The judge said that, in awarding the damages, he had taken into account that it could be one to two years before the pool is reopened.
The pool was shut after the city council said the £3m cost of replacing the building around the pool was too excessive.
And the Labour-led council said costly repairs would just paper over the cracks.
Campaigners disagreed and said the Littleover pool could be maintained for about £100,000.
In December, last year, the community association, which owns a building adjoining the pool, took the council to Birmingham County Court, because it said its leasehold agreement with the council specified the authority had to maintain the pool building properly.
The association says the costs of repairing the pool will have risen because it has not been maintained.
Wanda Osborne, of Dalesgate Court, in Derby said the water was filled with algae.
“If the council does lose this court case then it could end up having to pay out thousands to repair the pool building and, because it has left the pool to go green in the meantime, that bill will be even higher,” she said.
Councillor Joe Naitta is now cabinet member for leisure and culture, since the Lib Dems' came to power in May.
Speaking before today's ruling, he said he had initially been assured by officers the pool was being maintained.
“I was told the water was being treated but when I went there it was clear there was green algae of some sort in the pool.
“Since then officers have carried out a further site visit and I am waiting for the results of that.”
See tomorrow's Evening Telegraph for a full report of the court hearing.
disrepair: Damage to the facilities at Gayton Pool
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