PLANNERS may stop a major development on a landmark site in York after the new structure was found to have been built higher than they originally agreed.

City of York Council's north-east area planning sub-committee put off making a decision on the new Mecca Bingo building in Fishergate until next week while a report is prepared on the legal issues surrounding the case.

Members were said to be "incensed" when they debated entertainment giant Rank's bid for retrospective permission for the bigger building.

Planning officers had asked Rank to apply for fresh consent after they realised the new design meant the building was 1.5 metres higher - 1.8 metres in places - than originally approved. Rank said the extra height resulted from the foundations having to be altered to protect significant archaeological remains on the site.

Councillors are now considering all options, which include taking legal action to stop work immediately and get the building put back to its original design.

If such action was taken, Rank would have the right to appeal to a government planning inspector, who would judge the case on whether the council would have approved the new height if it had been in the original plan.

If the appeal went against the council the authority could be hit with a hefty bill for costs and compensation.

The bid has been recommended for approval by officers.

Mick Britton, development control officer at the council, had advised members it would be "perverse" not to recommend approval as the increase in height was born out of a planning condition designed to protect the site's archaeology.

Coun Nick Blitz, a member of the planning sub-committee, said: "Members of the committee were incensed by the way this has been done."

Coun Peter Vaughan, also on the committee, said: "There was a tremendous amount of concern by councillors and members of the public that things have appeared to go wrong." Cliff Carruthers, head of development control, said officers were now examining the legal and cost implications of the various courses of action, which included serving a "stop notice" to bring work on the site to an immediate halt and taking legal action to get the height of the building reduced.

The planning sub-committee is due to reconvene on Thursday next week for a decision to be made.

A Mecca spokeswoman said the firm was awaiting the outcome of the next meeting and had nothing more to say.

Updated: 12:37 Thursday, December 05, 2002