THE owner of long-standing town centre eyesore, the former E J Teare newsagents, will not have to make repairs to the building because of a 'technical error' by Somerset Council.

The council issued a section 215 notice, calling on the building owner to carry out remedial works, after the area became adversely affected by its deteriorating condition.

Windows in the grade II listed former shop had been smashed or fallen out, forcing the council to board up parts of the frontage, and erect a metal fence around part of the perimeter.

But the Wellington Weekly has now learned that the notice to make repairs would not stand up in court, after the council discovered it contained 'flaws'.

This means a new notice will now have to be drafted and re-served to the building's owner.

This comes after the original period which was given to make the repairs had expired, as had the time for any appeal of the notice to be lodged.

Now, the council has to start the process over again.

Amy Kemmish, project manager for Somerset Council's 'heritage at risk' database, confirmed the news.

Ms Kemmish said: "A section 215 notice was served upon the owners of the premises with a requirement to carry out specific works within a time frame set out.

"There was an appeal period given by which the owners had to apply to the magistrates court to appeal the notice.

"No such appeal was received.

"With the appeal period passed, the next steps for the council were to seek a prosecution through the magistrates court for non-compliance with the notice.

"However, unfortunately, at this stage it was discovered that the notice served contained some flaws which could see any prosecution brought be unsuccessful due to a technicality.

"It was agreed that new notices would be drafted and while frustrating, it also gives the council the opportunity to add new requirements to the notice as the building has continued to deteriorate."