Last updated at 16:06, Monday, 22 February 2010

Cumbria County Council has taken legal action against the owner of the Tarn End Hotel ordering the removal of a fence the authority says is encroaching on a public footpath.

• Video: View from behind the fence

But Dean Montgomery, of Citadel Estates, which owns the former landmark hotel over looking Talkin Tarn, says the fence is not illegal.

The once-booming hotel has been labelled an eye-sore by concerned local people after it was boarded up, fenced off and part of the roof was removed.

The metal fence around perimeters of the land has raised objections from residents and councillors who say it looms onto a popular public right of way.

Mr Montgomery has now been served with a legal notice from Cumbria County Council which says the fence must be pulled down by Friday, February 26 or contractors could do it for him.

But Mr Montgomery has told The Cumberland News that he does not think the fence encroaches on the public footpath adding that legal action would be “futile and ultimately unsuccessful”.

Carlisle City Council leader Mike Mitchelson said that he has been working since the autumn to tried to try to reach an “amicable solution”, asking Mr Montgomery to alter or remove the fence.

But he said this has failed and the county council, which has control over rights of way, has now issued the legal notice.

Mr Mitchelson, city councillor for Brampton, said: “Obviously I am frustrated by the fence which clearly affects the enjoyment of the tarn for visitors.”

Judith Pattinson, chairman of Brampton parish council, said that local people have been saddened by the demise of the hotel.

She said: “The fence runs around the edge of the tarn. You have to actually walk through it – it’s like a cage.

“The overall look of the hotel is absolutely awful. It is giving us great cause for concern.

“The property looks as though it has fallen into complete disrepair. It is an eyesore.”

Mr Montgomery bought Tarn End House for £450,000 from Cumbria County Council in April 2009.

His company, Citadel Estates, applied for planning permission to convert it into 15 private homes. But the proposal attracted 150 objections and was turned down by city councillors last October.

He was prompted to put the hotel up for sale in December after receiving a number of enquiries about the property.

He said that part of the hotel roof was removed because water was leaking through and added that the fence around the hotel is temporary but was a require

He added: “It is our intention to replace it with a more permanent solid hoarding when the weather permits.”

First published at 09:15, Friday, 12 February 2010
Published by http://www.cumberlandnews.co.uk