A CONTROVERSIAL bingo hall development on a York site can now be completed after planning permission was secured - months after work started.

Rank Gaming Division had been ordered to seek retrospective planning consent for its building in Fishergate, York, after it was found to be between half a metre and 1.8 metres higher than the original plans indicated.

Rank said the extra height resulted from the foundations having to be altered to protect significant archaeological remains on the site.

City of York Council's archaeology officer John Oxley said in a report that Roman, Anglian and Anglo-Scandinavian deposits had all been found on the site.

But nearby residents had campaigned strongly against the higher building, and also against the design of part of the building, which Rank had proposed to cover with metal cladding.

Members of City of York Council's planning and transport (north east area) sub-committee yesterday approved the plans, with a number of changes.

The developers had agreed to take up the height of brickwork by 1.5 metres, finished by a red brick solider course, and add an extra window.

Councillors added a condition that any metal cladding be replaced with timber.

During the debate, Coun Ken King, who proposed approval of the application, said: "I am disappointed we are forced into this particular situation and I would like to congratulate all residents for pushing their views."

Coun King said councillors, officers and developers could all "learn lessons" from the way the application had been handled.

Coun Brian Watson "reluctantly" seconded approval.

He said: "It has been handled diabolically. We should take steps to ensure this never happens again."

After the meeting, residents' spokeswoman Stephanie Leeman said the protesters had not been "expecting miracles."

She said: "Once something is in place it is very difficult to do anything about it, but we have now got to live with that building."

After the application was discussed at a December meeting of the committee, councillors were left to consider whether they should take legal action to get the building put back to its original design.

If such action had been taken, Rank would have had the right to appeal to a government planning inspector.

If any appeal had gone against the council it could have been hit with a hefty bill for costs and compensation.

Members also part-approved Rank's application to add illuminated signs to the building. A move to refuse a "wraparound" sign, at the top of the building, was proposed by Coun Watson, seconded by Coun Cyril Waite, and agreed.

Updated: 10:58 Thursday, January 16, 2003