A COUNCIL has urged an appeal inspector to take the weight of public opinion on board in deciding a pub's fate.

Barrister Richard Merritt made the recommendation on the final day of an appeal by Whitbread to overturn Middlesbrough Borough Council's decision to ban it from bulld-ozing The Ladle, in Ladgate Lane.

The firm wants to replace the pub, which was built by Middlesbrough's first mayor, Henry Bolckow in the 1860's, and originally called Brackenhoe Hall, with a modern pub, drive-through restaurant and 40-bed hotel.

Mr Merritt admitted that architecturally, the building does not warrant preservation.

But he said that its historical significance may lead to it achieving listed status.

"A letter has been written to the Home Office about the historical interest of the building and the matter has been referred to English Heritage, who will decide the issue of listing," he said.

"It would be stupid to argue that the building should be treated as listed, but there's a possibility that it will be, and the views of the public must be given some significance."

Mr Merritt's comments followed testimonies from residents who oppose the demolition, including the submission of a petition bearing more than 4,000 signatures.

He said that while the council did not object to the hotel, it considered the restaurant inappropriate for the site.

"Our primary concern about the development is that it incorporates a McDonald's and it's not a suitable location. There is space to extend the area of the existing function suite for the hotel," he said.

The inspector, Philip Major, arranged a site visit to make final observations. His decision is due at the end next month.