A PIGEON fancier is spitting feathers after being ordered to knock down two lofts that have stood for 30 years - because he didn't have planning permission for them.

Angry David Brown, 62, has now branded Pendle Council 'petty' after they ruled he had no permission for the huts.

Mr Brown, of Keighley Road, Colne, was yesterday found guilty of failing to comply with a local authority enforcement notice in relation to the erection of two pigeon lofts on land behind Keighley Road. That means he will now have to follow the council's instructions and get rid of the lofts - or face further penalties.

Reedley magistrates heard Mr Brown was issued with an enforcement order in February 2003 for the removal of four huts on the land. After an appeal, a planning inspector deemed no permission was needed for two huts but said the other two should be removed.

Senior solicitor for Pendle Council, Peter Frost, said a letter informing Mr Brown he had three months to comply with this notice was sent in July 2003. A council planning officer visited the site in November and noted the breach.

But Mr Brown told the court he only received the letter in October and, believing he had three months from then to comply, he sold the huts to a relative who died in December and was therefore unable to take the huts.

Mr Brown, who pleaded not guilty to the offence, was fined £50 with £350 costs following a one-day trial.

Speaking after the hearing Mr Brown said the land was an agricultural holding and he modified the huts which were used by the farmer who used to own the land.

He said: "For the last 30 years it has been a poultry farm. It's only a smallholding but it's classed as a farm.

"I think they have wasted money again for nothing. Its role is an agricultural holding and what they have done is petty."

Howard Akerman, regional secretary for the North West Royal Pigeon Racing Association, said the association normally recommends members apply for permission before erecting cabins.

He said: "I would imagine that Mr Brown would have had a good case if they have being there that length of time.

"If they have only just come onto him about the cabins they must have received a complaint."

However, residents in Keighley Road who live opposite the land welcomed the prosecution.

Nigel Hurlstone, 42 said: "It needs tidying up, its a bit of an eyesore. It is dangerous for the kids as the gates have spikes on."

Norman Hartley, 72 said he had nothing against Mr Brown but something needed to be done to limit the number of pigeons he keeps.

He said: "What amuses me is I never see them fly and sometimes there is a bit of a smell in summer."

Mr Frost said this type of prosecution, brought on the instructions of Pendle Council's Colne Committee, was rare.

He said: "We cannot force Mr Brown to remove the buildings but if they are not then he is liable to subsequent prosecutions and stricter penalties."