THE would-be Oldway Mansion developers and Torbay Council have been urged to reach agreement as soon as possible by the estate's friends group.
A claim for more than £8million damages has been issued by Oldway Mansion Ltd — a company set up by Akkeron Group — against Torbay Council.
The company said it had taken the action it still wants to draw down the leases and start its proposed housing and four star luxury hotel development.
Torbay Council says it denies the allegations and will 'robustly' defend its position.
Mr Paul Hawthorne, chairman of the Friends of Oldway said: "The Friends are saddened that no positive solution to restore the Mansion and gardens has been found.
"We hope that Akkeron and the council will resolve their dispute as soon as possible so that concrete progress towards starting the restoration can be achieved.
"We have, as a community, waited too long for repairs to Oldway to begin.
"The important things here are the buildings, the gardens and the public's enjoyment of them, and the Friends will work tirelessly with all parties to do what we can to help get Oldway back on its feet as soon as possible in both the short and long term."
In recent months both sides have been locked in talks and no statements have been forthcoming from either side.
But Oldway Mansion Ltd has now lodged its claim with a court in Bristol.
A statement from the company said: "Oldway Mansion Limited confirms that it has issued and served a claim on Torbay Borough Council in relation to Oldway Mansion, Paignton.
"In its claim the company seeks specific performance to enable it to draw down leases on Oldway and commence the regeneration of the Mansion and its conversion into a four-star hotel.
"It also seeks, among other things, damages for delay, damages for alleged breaches of the agreement, including preventing the company from performing certain maintenance obligations, interest and costs.
"If the court is unwilling to award specific performance, it is requested to award damages estimated to be in excess of £8million.
"Oldway Mansion Ltd continues to believe that the regeneration programme reflected in the agreement it entered into with Torbay Council best protects the interests of the Bay's communities and ensures that Oldway is protected for the long term."
The company said it would not be making any further statement at this time.
A Torbay Council statement said: "The council deeply regrets that it has not provided an update in respect of Oldway Mansion for some time, particularly considering the public interest in this historic building.
"The current position is that proceedings have been served on the Council by the developer, Oldway Mansion Limited, requesting (among other orders) an order for specific performance requiring the council to grant leases of the Oldway Mansion site to Oldway Mansion Ltd and an order for damages against the council.
"The allegations and assertions made in the proceedings are strongly denied and will be robustly defended. The council is, and has been throughout, committed to protecting the interests of the Bay's communities and ensuring that the much-loved Mansion is protected for the long term. Our position will be set out in full in the defence that will be filed with the court next month."
In April last year Torbay Council issued a legal notice against Oldway Mansion Ltd. In the legal notice the council said it believed a number of the conditions in the development agreement had not been complied with. If the developer fails to comply with the conditions, the council said it can take steps to terminate the agreement and seek damages.
Akkeron responded that it was still working hard on the scheme which includes a new indoor bowling club. It announced that it had issued Drawdown Notices to Torbay Council for the next phases at Oldway Mansion. It said it proposed to start work on these phases in May.
To see our photo gallery of Oldway Mansion as it is today click here.
"The Friends of Oldway are saddened that no positive solution to restore the Mansion and gardens has been found.
"We hope that Akkeron and the Council will resolve their dispute as soon as possible so that concrete progress towards starting the restoration can be achieved.
"We have, as a community, waited too long for repairs to Oldway to begin.
"The important things here are the buildings, the gardens and the public's enjoyment of them, and the Friends will work tirelessly with all parties to do what we can to help get Oldway back on its feet as soon as possible in both the short and long term."
Paignton councillors recently presented a petition to Torbay Council calling on Torbay Mayor Gordon Oliver to end the uncertainty and take Oldway forward.
Cllr Sanders said: "The tragedy is that there is no transparency from either side on what this is about. Legal action stops anything being done on this, and the tragedy is also that work needs to be started now and should have been started in January 2013."
I wonder if the pig master offered Brent the farms solicitors?
are you reading piggy, are you putting this story onto the farm?