A LENGTHY planning wrangle over the height of a luxury home near York has ended in victory for its lawyer owner.

A Government planning inspector has ruled that York House, in Upper Poppleton, can remain unchanged despite it having been built 1.6 metres higher than the original permission allowed.

Now solicitor Simon Morgan is to hit the planning authority, City of York Council, with a legal bill for tens of thousands of pounds - money, he says, he would much rather have seen spent on cash-strapped council services.

A public inquiry was held after Mr Morgan appealed against the council's rejection of his bid for retrospective planning permission.

The refusal decision, made by planning councillors in December last year, went against the advice of planning officers and the council's legal expert.

Mr Morgan had been invited to make the retrospective bid to regularise the breach of planning permission, which he has always maintained was the fault of a project manager.

Initial investigations were sparked by complaints, led by David Thompson, who lives in neighbouring Scagglethorpe House. He argued the new house, in Hodgson Lane, was dominant and overlooked neighbouring property and, with its new boundary wall, spoiled the character of the area.

In his inquiry report, planning inspector Philip Asquith concluded: "Neither the appearance nor character of the locality in general, or the conservation area in particular, have been unacceptably harmed by the proposal. Nor has the scheme materially marred the living conditions of nearby occupiers."

Today Mr Morgan said: "We have had this hanging over us for a long time and I think the inspector's decision speaks for itself. I was anxious to avoid a public inquiry and I said I was quite happy to meet with someone from the council to try to reach an agreement but that was not possible.

"The planning officers have a difficult job and I think they did it to the best of their ability, but the planning councillors did not take their advice or the advice of their barrister.

"Mr Thompson urged them to call my bluff, and unfortunately they did and the result is a big bill. I don't get any pleasure out of this."

The appeal decision is subject to conditions - mainly that council-approved landscaping is put in place at York House.