AN ancient legal process could be invoked if the grade II listed cobbles in Richmond market place are not repaired.

The town council is to investigate using a writ of mandamus to pressurise North Yorkshire County Council into maintaining the Market Place cobblestones more regularly.

Coun Stuart Parsons, the mayor, said 40pc of the area, the largest cobbled market square in England, now had a tarmac base.

The county council had a duty to maintain and repair the area because of its listed building status, he said.

"We need to explain to the county council that we are weary of constantly asking them to carry out their statutory duties and we would like to see a plan or programme of works for the next six months," he told the town council on Monday.

"We might have to consider using a writ of mandamus, a relatively ancient writ which allows an authority to oblige another authority to carry out its statutory duty."

David Bowe, highway maintenance manager for the county council, was sympathetic to the town council's concerns but said his department faced a difficult balancing act.

While the authority accepted it had a duty to maintain the listed structure, it also had to ensure the Market Place, which was public highway, was safe for drivers and pedestrians.

The county council set aside at least £10,000 a year towards permanent repair and maintenance of the cobbles. It also had an emergency process to provide temporary repairs when the safety of the public was at risk, and tarmac was the fastest solution.

"We have looked at alternatives but if we identify something as a hazard we have to fix it immediately," said Mr Bowe. "For a permanent repair, the material around the cobbles takes up to five days to harden, which means prolonged traffic management measures and congestion. Tarmac takes just half an hour."

The county council spent £25,000 on permanent repairs to the cobbles last year but to bring the whole Market Place up to the same standard would cost an estimated £500,000