A LONG-RUNNING planning battle between two York neighbours may have finally been resolved.

City of York councillors last night agreed that leylandii trees planted by solicitor Simon Morgan at his home, York House, Hodgson Lane, Upper Poppleton, do not have to be replaced by a more suitable species, despite complaints from his next door neighbour that the trees blocked light from his kitchen.

But the trees, which were designed to act as a screen between York House and David Thompson's neighbouring property, must be cut back to a height of 4.5 metres (15ft) on an annual basis.

The decision by the planning and transport north-west area sub-committee puts an end to a wrangle, which began when York House was built with a roof ridge 1.3 metres higher than planning permission allowed.

When councillors refused retrospective planning permission for the extra height in December 1999, a Government planning inspector was called in and overruled their decision, costing the council £18,000.

As part of those appeal conditions Mr Morgan was asked to submit a scheme of landscape works.

He chose to plant a row of leylandii trees along the boundary, and was advised by the council in writing that the trees were not appropriate within a conservation area. He was told to replace them with native evergreen holly or yew.

After officers met Mr Morgan on site, however, it was agreed the leylandii would be acceptable if their height could be regulated. Members last night approved officer recommendations.

Mr Thompson spoke at last night's meeting and criticised the latest episode of this long-running planning saga.

He said: "Mr Morgan .... has consistently refused to comply with the recommendation and the council's officers have spent two years trying to appease him.

"Yet the view towards this site and the conservation area and thus the amenity of the general public does not appear to have been taken into account at all.

"Does this council not have any teeth?"

But councillors were keen to see the matter resolved, ensuring that Mr Thompson's property was adequately screened from York House.

Updated: 11:55 Wednesday, January 16, 2002