COUNCIL chiefs have decided not to take action over the height of a York aparthotel after discovering it is higher than planning permission allows - but only by 25 centimetres.

City of York Council launched an investigation earlier this year following claims by former councillor Johnny Hayes that the huge new Roomz building in Terry Avenue was much higher than permitted.

An initial survey conducted on behalf of the authority concluded that the roof ridge was 70cm - almost 3ft - higher than allowed, although the developers behind the scheme insisted it was in full compliance with all planning conditions and approved planning drawings.

The authority then ordered further surveys following the removal of scaffolding before deciding what, if any, enforcement action should be taken.

Now Mr Hayes, who complained to the council after noticing that the building appeared to be higher than one shown in an artist’s impression submitted to planners, has been informed of the results of the fresh survey, which took measurements of a number of points around the building.

Robert Harrison, principal development management officer, said he had now compared these heights against the approved plans.

“In this case, I can confirm that the overall height of the building is approximately 0.25m taller than that approved,” he said. “I consider that in comparison to the overall height of the building, the percentage of change is so modest so as to be not material.

“If the local planning authority were to pursue enforcement action against such a small change, my professional opinion is that it would fail if challenged.

“I consider that there is no enforceable breach of planning control and I have closed the enforcement investigation.”

Mr Hayes said he was disappointed with the outcome, as he found it hard to believe that a building "so overbearing for its neighbours in such a sensitive position is what York Planning Committee want to see built in York".

A council spokeswoman declined to comment to The Press and developer Broadley did not respond after being given opportunity to comment.