Last month the Captain James Cook RN (Charity Trust) was hit by a Section 215 notice to improve the outside appearance of the engine shed on land at Windsor Terrace, which is to be converted into a £3.5m heritage centre about the explorer.

Failure to comply with the notice can lead to prosecution but new information has now come to light which affects its enforceability.

In order to carry out the work the trust has to seek permission from Railtrack which could take up to 12 months, to carry out repairs to the engine shed which will need scaffolding putting up inside and outside it.

The council's enforcement officer Keith Stephenson said for health and safety reasons the railway line into Whitby would have to be closed or repairs carried out during the evenings when trains don't run.

He said this could open up the way for an appeal which was indicated by the developer's agent so they have sought a compromise.

"The result would have been no action whatsoever for in excess of 12 months," he said.

"I considered it was better for the neighbourhood that some works be undertaken in that period to raise the general amenity of the area."

Mr Stephenson said the works being carried out voluntarily will mean a better appearance of the site with the demolition of small outbuildings, the removal of skips, doors being secured and painted matt black and an extra hoarding at the side of Windsor Terrace.

They have also agreed to step up security to prevent vandalism which was a big concern of local residents.

He added this does not prevent future enforcement notices by the local planning authority and the site and condition of the listed building are being monitored.

Sandra Smith, secretary of Esk Terrace Residents' Association, said they are disappointed.

"We are not so worried about the cosmetic appearance, it is the condition of the roof which is so urgent.

"Even a tarpaulin might be better than nothing.

"Works on the inside are not so necessary in the short term.

"Why didn't SBC think about that and allow more time to get the permission?

"It looks like this matter will just drag on and on."

John halton, chief executive of the Captain James Cook RN (Charity Trust), said they have had meetings on site with the council's enforcement officer and have agreed a programme of work which must be completed by 1 November.

No further building work will be done on the site until the housing market improves.

Twelve houses have already been built and planning permission has also been granted for a three-storey block of apartments and four more houses which, when sold, will fund the heritage centre.

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