Accrington Stanley have avoided the threat of immediate court action over their controversial spectator control room.

But Hyndburn Council could still take the Reds to court if it is not removed by May 10.

Stanley, who were ordered last year to remove the facility, said a planning application for a brand new purpose-built facility was imminent and pledged to tear down the ‘eyesore’ cabin construction by the deadline.

Chief Executive Rob Heys has pledged a new facility, used by police on match days, would go ahead as ‘phase one’ of a £1.2million development Temporary permission for the cabin has been repeatedly granted by Hyndburn Borough Council, but a third extension request was denied last year.

At Hyndburn’s planning committee today, councillors were asked to choose between immediate prosecution of the club or whether to allow work to begin at the end of the season.

Addressing councillors, Chief Executive Rob Heys said they would undertake an expensive removal of the cabin to another temporary location if councillors wanted them to act immediately.

But he asked: “It has dragged on longer than it should have due to problems behind the scenes and we are very grateful for the patience shown to us in the past.

"Moving the control room costs £12,000 and would only be used for a few months, nevertheless we will act if you feel it is necessary.”

The issue immediately divided councillors.

Chairman of the committee Coun John Griffiths said: “It’s a problem because there have been numerous end of seasons in the past where they could have taken action, and here we are again."

Coun Doug Hayes said: “I feel it is a new regime at Accrington Stanley.

"We should, however, put a condition on so that prosecution is automatic if not done by a certain date.”

However ward councillor Clare Pritchard said: “The residents have heard all this before and it is time we take the swiftest action possible."

Coun Munsif Dad said: “I used to be a magistrate and it would probably be swifter to set a firm deadline for action than to go to court at this point.”

Councillors voted that prosecution would automatically follow if the control room was not removed by May 10, with conditions that a new planning application was submitted by the end of February.