A house in Banbury that contravened planning conditions has been saved from demolition but the owner of the almost-finished property has been ordered to make alterations.

Cherwell District Council's north area planning committee last night considered several breaches of planning control, including that the house, 33/34 Merton Street, was built using the wrong colour bricks.

Planning officers recommended the demolition of the building for that and other reasons, saying they wanted to protect the Grimsbury conservation area.

But the committee decided to let the building remain, on condition that the owner, Mr Hussain who lives nearby in the Causeway, removes roof tiles and replaces them natural Welsh slate, opens up an approved car port which had been enclosed, and makes alterations to the brickwork and the windows including replacing frosted glass with clear glass.

Planning permission was granted for the building in August 2005.

The condition of the house was brought to the attention of the planning authority by the council's building control section earlier this year.

An inspection confirmed the building did not comply with the approved plans in that:

  • the undercroft parking had been infilled.
  • the rear elevation had been extended at ground level across the whole rear elevation as opposed to two thirds
  • the design of the windows and doors did not correspond to the approved plans
  • a lean to roof had been added above the ground floor front bay window
  • a rooflight had been added to the rear elevation
  • the bricks and tiles used were inappropriate.

After Thursday's meeting, Cllr Michael Gibbard, the council's executive member for planning and housing, said: "We provide extensive guidelines for properties in conservation areas.

"This house was not built in accordance with the approved plans and conditions.

"For this reason we felt we had no option but to take enforcement action to ensure that character and appearance of the area was preserved and adequate off-street parking was provided."