CAMPAIGNERS fighting to rebuild the former Hippodrome theatre have criticised the city council for failing to force the building's owner to put up new security fencing.

The council instructed Christopher Anthony to replace fencing around the site with more secure boarding to protect the grade II-listed building.

But the work was not done, so the council wrote to Mr Anthony saying it would take him to magistrates' court unless he agreed, by the end of July, to put up the fencing.

But so far no action has been taken, leading to criticism from supporters of the former theatre.

Joan Travis, of Derby Hippodrome Restoration Fund, set up with the aim of getting the troubled theatre rebuilt, said: "The council has not followed up its threat and its lack of diligence is leaving the site open to vandalism.

"The Hippodrome remains vulnerable, particularly in October in the cold and rain, when there seems to be a lot more activity around it.

"It seems a straightforward thing but nothing has happened and people continue to ask questions, so we want to find out what is going on."

The council said it received further questions and suggestions from Mr Anthony in a letter.

A council spokesman said: "In response to this letter, Mr Anthony sent the council a number of very detailed requests for clarification of certain issues.

"He also proposed alternatives to our recommendations and queried whether the boarding would encroach on neighbouring land.

"The issues raised from public liability and consultation to a request for a detailed specification of the proposed boarding. Most of these points are pertinent and will have to be considered in full before referring the matter to the magistrates."

A spokeswoman added: "Nothing to do with the Hippodrome is straightforward and quick, due to the pending legal action against Mr Anthony and the complex nature of the building and his questions. It will take as long as it needs to get it right.

"The council will not let the matter drop."

Mr Anthony's representative, Andrew Rutherford, said it was important those questions were answered. "Mr Anthony wants the building to be made as safe as possible but he needs to know about the repercussions for himself," he added.

"For example, the fencing would be on a public highway so he needs to know if someone tried to climb it and fell and injured themselves, who would be liable for that in terms of public liability insurance?"

The council is already taking legal action against Mr Anthony and his contractor after parts of the Green Lane building, built in 1914, were demolished during repairs in March last year.

Both deny a charge that they "did execute, or cause to be executed, without authorisation, works for the demolition or alteration of a listed building".

Mr Anthony submitted plans in January for a car park to be built on the site, retaining the Green Lane frontage of the building and some of the Macklin Street wall.

A decision is yet to be made by Derby City Council.