A YORK shop owner who was forced to remove unauthorised advertising flags from his premises has accused council officers of hypocrisy, claiming they are now flouting the rules they imposed on him.

Lee Barker was forced to take down advertising flags from his Minster Gates store two years ago after he was told he was not allowed to attach advertising to a listed building without planning permission.

Since then Mr Barker, who claims the removal of the Kodak flags has had a major impact on the sale of camera films, has withheld his business rates. He claims the council is contravening the same 1990 Listed Building Conservation Act by allowing the Christmas lights, which this year included advertising from Nestl Rowntree, to be attached to at least 18 buildings.

Mr Barker, 36, said: "All I want is a level playing field. If it's illegal for us to have advertising then it's got to be illegal for them. You can't enforce the law on some people and not expect to have it enforced on yourself.

"I want the council to guarantee that there will be no more advertising on the Christmas lights or for them to turn around and say that they made a mistake with us and that we can put our flags up again, and then we could discuss compensation."

Michael Slater, assistant director responsible for planning and sustainable development at City of York Council, admitted that the light fixtures did not have listed building consent and each one would now be examined.

He said: "Clearly the council has a duty to balance the need to protect the appearance and feel of the city, of which listed building play an integral part, whilst recognising a desire to celebrate Christmas and create a festive atmosphere.

"York's Christmas lights were provided by a partnership of organisations, including the council.

"This is the only complaint we have received and most people appear to appreciate the Christmas lights.

"We are reviewing all the brackets which support the lights to assess whether they are acceptable. Where they are acceptable, the council will apply for listed building consent. Where they are not acceptable, we will ask for them to be removed."

Nestl became the principal sponsor of the city's Christmas lights after responding to The Evening Press-backed York Business Pride Make York Sparkle appeal for support to save the Christmas illuminations.

Updated: 11:05 Thursday, January 13, 2005