WEST Devon Council has been accused of ?utter madness? for pursuing the demolition of a new garage in Tavistock ? even though it could be rebuilt to the same design.

Planners say Mark Williams? garage at Mount Ford will have to come down because it was built without planning permission and was one metre too high.

Builder Mr Williams says he has reduced the height of the garage and was given a certificate of lawfulness of proposed development from the council. He says this suggests the design is now acceptable.

But planning officers say although the garage has been modified it is still the same contravening building in planning terms and will have to go.

Mr Williams said he felt he was being sucked into a ?vortex of bureaucracy and red tape?: ?It doesn?t make sense. There is no advantage to anybody. What a complete and utter waste of money and time.?

Mr Williams built the triple-bay garage on the property in Tavistock around two years ago. He said its original height was 4.8-metres, and he was challenged by planning officers over his failure to apply for permission first.

He admitted he should have done so, but said he felt he was being punished for an innocent mistake.

A retrospective planning application was then made which was refused by the planning committee in November 2001.

An enforcement notice was served by the council requiring Mr Williams to demolish the garage. The refusal and the notice were appealed against but dismissed.

Mr Williams carried out alterations to reduce the height of the garage to below four-metres last year. He then applied for permission for the altered garage, but this was refused last November.

Mr Williams has appealed against that decision and the verdict from an independent planning inspector is expected in May. If the inspector finds in favour of the council, Mr Williams would have to demolish his garage.

Mr Williams said he found it ?crazy? that if the inspector told him he must comply with an enforcement notice and knock down the garage, he could built it up the next day, in exactly the same spot to the same height and design.

?It will be over my dead body this garage comes down. I am so adamant,? said Mr Williams.

Now West Devon and Torridge MP John Burnett has entered the row and says he will be taking up Mr Williams? case.

Mr Burnett said: ?Recently a number of constituents have contacted me on planning matters and it is for me as MP to ensure fair play is done and that their views and opinions are given reasonable weight.

?This is a case where the council are seeking the demolition of Mr William?s existing building and the reconstruction of another exactly similar building. It is not just folly but utter madness.

?It is perverse to say the least that the council has granted a certificate of lawfulness in respect of a building, while at the same time demanding that the building be demolished.

?People can?t be treated this way, it?s bureaucracy gone mad.?

Bob Page, from Bere Alston, who has acted as Mr Williams? agent throughout the process described the situation as a ?farce?.

?The object of planning regulations is to look after the public interest. There is no public benefit in this. It?s more of a disruption to tear the garage down and start again than to leave it,? he said.

West Devon planning officer Edward Persse said: ?The inspector at the previous planning appeal discussed the option of lowering the height of the building to permitted development.

He said the building should be removed in its entirety and felt partial demolition was not satisfactory.?

In reaching a recommendation, planners referred to the inspector?s view stated at the previous appeal that reducing the building?s overall height to less than four-metres would not be considered acceptable because the residential amenities of the occupiers of the Almshouses on Ford Street would still be ?adversely affected?.

?We have to take our lead from the planning inspector who has already made a judgement on the very same facts. It may be that a different inspector will find in favour of Mr Williams,? he said.

Mr Persse acknowledged that if Mr Williams had originally built the garage under four-metres in height, he would not have required any planning permission.