A major legal row is brewing between Dartmouth Town Council and its own town clerk over moves to hand over a council-owned flat to the town's museum bosses.

Councillors have been warned they will become embroiled in a 'foolhardy' conflict of interests and risk bringing the whole council into 'disrepute' if they press ahead with plans to allow the museum to lease the publicly owned Butterwalk flat.

The council has already sought advice from independent solicitors who have backed up town clerk Chris Horan and his advice.

But some councillors were all for ignoring the legal comments and recommending the museum trustees should be given the use of the flat in a deal they have been trying to negotiate for at least a year.

In the end, they stepped back from making that decision and agreed to ask for yet more legal advice from a different team of solicitors to see if they come up with some different advice.

The alleged conflict of interests centres on the fact town councillors are all also trustees of the Henley Museum Trust which is housed in the Duke Street museum and which helps fund the museum operation.

The museum is currently housed in town council premises which it occupies at subsidised rent and the proposal to take over the flat at 6a The Butterwalk – directly above the museum – would also involve a subsidised rent.

Before the town corporate property committee debated the proposals Mr Horan spelled out publicly the councillors' responsibilities under the local government code of conduct.

And his report to the councillors explained in no uncertain terms: 'While many members will be disappointed with the solicitors response members need to give serious consideration regarding the contents including his previous letter.

'Personally I believe that there is a serious conflict of interests where the council as landlord will benefit from actions taken as trustees and this could be construed as possible profiting.

'In the light of this, I think it would be very unwise to proceed, particularly given the legal principles laid down.'

He said the councillors could ignore the legal advice but warned: 'As proper officer I would advise all members against this.

'It would be extremely foolhardy and could bring the whole council into disrepute with potentially very serious consequences.'

Deputy Mayor Rob Lyon dismissed the legal advice saying: 'The courts are full of people fighting one another after they have both taken legal advice from solicitors that they are told is right when only one can be.'

And mayor Paul Allen said he could not see how the councillors as Henley museum Trustees or town councillors could be seen to be 'getting any benefit' out of deal with the museum.

After a debate, councillors voted to get further legal advice.