Council blocks release of market asbestos report

Jason Arunn MurugesuNorth East and Cumbria
News imageBBC The entrance to Barrow Market Hall which has a black fence in front of it. The roof is pointed and there is a large circular sign towards the top with a coat of arms and old lettering which reads 'Market Hall'. There is a sign stuck on the gate which has black and yellow tape surrounding it. There is a Herons shop to the right which multiple pictures of food on the side of the wall.BBC
Barrow Market Hall closed with immediate effect in February

A council has refused to disclose one of the asbestos surveys it carried out on a market hall before the site was forced to shut due to concerns over the hazardous material.

On 17 February Westmorland and Furness Council told traders at Barrow Market they would have to shut, saying recent wet weather had worsened leaks which could dislodge asbestos.

The council has now refused to make public an asbestos survey and management plan it had tasked contractors with producing on the market just months before it shut.

It said it was due to potential legal action over the closure and the release of the documents could "adversely affect the course of justice".

A risk assessment by an asbestos contractor, dated 13 February, said there was "clear evidence" of a leak in the market hall's roof that was "continually failing" and which increased the risk of asbestos being dislodged – posing a risk of exposure to the public.

The report detailed the fact the contractors had carried out an asbestos survey on the market hall in December and produced a management plan.

News imageA close-up of the closure sign which is surrounded by yellow and black tape and stuck on the white opening times sign on the black gate. The white sign reads 'Barrow Market Hall' with 'more value' and 'more choice' written on either side. The writing is too small to make out what it says on the closure sign.
The market is expected to be demolished this financial year

The BBC sent a freedom of information (FOI) request to the council seeking the earlier report.

But the local authority refused to disclose the documents, saying it was aware a "number of parties related to Barrow Market Hall" had "indicated an intention to pursue or [were] actively pursuing legal action" over the site's closure.

It said the report was likely to become "central documentary evidence" in any potential proceedings.

A spokesperson said: "The council considers that disclosing this evidence into the public domain at this stage, while legal proceedings are anticipated or active, would adversely affect the course of justice."

It also said publishing the latest February risk assessment, which led to the site's closure, had established "public awareness of the current position".

Work to demolish the market is expected to begin in the current financial year, according to the Liberal Democrat-led authority.

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