ACTION is to be taken against the new deputy chairman of Upton Town Council's planning committee, over a modern metal garage he built without permission.

The steel garage is still standing in Upton-upon-Severn's conservation area nine months after a planning appeal was dismissed.

Town councillor Tim Perry built it in the garden of 26 New Street, two years ago and then applied for retrospective planning permission.

This was refused in December 2003, when Malvern Hills planning officers said the building spoiled the character and appearance of the area.

Mr Perry's appeal against the decision was dismissed in September 2004.

The appeal inspector said the structure was completely at odds with nearby buildings and materials, besides being considerably higher than walls and fences, which were up to 6ft 6in high, compared with 12ft for the garage.

It could be seen from neighbouring gardens, including the walled garden of 18 New Street, the Grade II listed home of Simon and Laura Speers, who are still waiting for it to be removed.

"Grass and trees have gone and now there is a large garage in their place. I see it as an eyesore," said Mr Speers.

"I just want the thing taken down. It has been built with steel-cladding and it is awful. It contrasts severely with everything in the neighbourhood."

Mr Speers said he believed that Mr Perry, who was elected vice-chairman of the town planning committee last month, was 'stonewalling' by refusing to take the garage down.

"It will cost council taxpayers to take enforcement action against him, but if no one enforces these rules, there is no point in having them," he said.

"If the vice-chairman of planning doesn't toe the line, why should anyone else do so?"

David Murray, head of development control for Malvern Hills District Council, said the council was in the middle of enforcement action to have the garage taken down.

"Instructions have gone to our solicitors, but the notice has not been served yet. The wheels turn very slowly," he said.

Mr Perry declined to comment.