LEGAL advice is being taken over whether the public should be asked once again what they think about plans to turn historic Elvaston Castle into a hotel.

The firm behind the proposal, Highgate Sanctuary, is modifying its planning application after its first draft met with the disapproval of English Heritage.

But the changes, including dropping plans for an 18-hole golf course, are such that the public may need reconsulting.

The decision rests with Derbyshire County Council, the castle's owner, which says it must hand over the building as it cannot afford its upkeep.

Its decision may also be affected by the time elapsed since the first public consultation on Highgate's plans in 2006.

Councillor John Harrison, cabinet member for finance and management, said: "I'm seeking legal advice as to whether there would be a need for further consultation on Highgate's plans."

The previous consultation was controversial after campaign group Friends of Elvaston Castle, which is battling the hotel plans, complained that the council had not consulted with minority groups.

A Friends spokesman said it was clear another public consultation was needed.

He said: "The council has already received the community's viewpoint, having carried out public consultations which soundly rejected commercial disposal of the estate, but which it has always ignored.

"However, we believe that the council has also failed in its statutory duties by not consulting specifically with vulnerable groups.

"As the council has previously recognised, the importance of the estate to people from neighbouring counties means we would expect that any public consultation will also be conducted in Nottinghamshire and Leicestershire."

The council's legal department is deciding if it has been too long since the council originally tendered for bidders, back in 2002, to take on a long lease for the castle.

If a re-tender is needed it would delay progress on the castle while firms are given the chance to bid.

Highgate Sanctuary would be able to rebid during this process.

However, developer Richard Blunt said this week that he wanted to turn the castle into "the region's premier wedding venue" and he would apply for the lease if it was put out to tender again.

But if a re-tender is not needed, and Highgate can proceed without fear of another firm swooping for the castle, the council is looking at whether it would have to launch the second public consultation.

Mr Harrison said the views of the council's legal department would be reported to the authority's Elvaston Castle Working Group.

That group would then give its recommendations for the council's cabinet to consider next month.

Mr Harrison said: "A re-tender would probably take about six months to allow time for bidding.

"The consultation would take about four months."

He said that, in a meeting yesterday, Highgate Sanctuary had reassured the council that it was making progress with English Heritage over drawing up a new application.

He said the firm "remained the council's preferred bidder for the castle".