A NEW three-bedroom house might have to be demolished after a court ruled it was built illegally.

The unoccupied house on the Persimmon Homes Parc Der-wen development in Oakdale was built on land intended for highway use.

But at Newport crown court yesterday, a judge allowed a resident's appeal against a decision which would have meant the house remaining.

Paul Adams, of the Hollies, Crospenmaen, who lives near the site, contested the decision of Caerphilly county borough council, to place a 'stopping order' on the section of highway land.

The order, granted by Abertillery magistrates, would have effectively rededicated the land so that it would pass back to Persimmon Homes.

However, Mr Adams, with Penmaen councillor John Evans and other residents, believed the 30-metre section of highway verge had provided a refuge for pedestrians against the danger of passing lorries.

Mr Adams said he had seen lorries mount the pavement on seven different occasions as they travelled from two big industrial estates in the area.

Stuart Burgess, a principal planning officer for the council said "every safety aspect" had been considered in the developer's original planning application.

But Judge Charles Cook said what concerned him most was the question of peace of mind of people using the footpath along the section where the verge had been swallowed up by the development.

He said if the land was given back to the developers then the building of a boundary wall to replace the section of metal barriers currently in place would further reduce the width of the footpath.

He agreed with Mr Adams, who said a "misleading" Press notice could well have confused the public and prevented them from complaining about the proposed order. Outside the court, a jubilant Mr Adams, who was awarded £50 costs, said the decision justified his stance. Councillor Evans said justice had been done and it had been "a victory for the little man over the big man."

If the council accept the decision, then Persimmon will be faced with demolishing the house. so that the grass verge can again form part of the highway.

*Pictured: Residents are angy this house was built so close to the road