AN OTLEY businessman who knocked down an unsafe chimney rather than risk the safety of nearby schoolchildren could face legal action.

Painstaking work on the £30,000 demolition of the 83 metre high listed chimney at Wharfebank Business Centre finished yesterday.

But the company failed to get planning consent in time and was this week warned if it went ahead with the demolition, it could face legal action.

Ronnie Duncan, centre managing director, said the chimney, which was no longer used, had to be demolished because of fears it could collapse onto nearby houses or even Westgate Primary School.

"We knew lives could be at risk. The chimney is not only immediately behind our offices but within three metres of family residences in Ilkley Road, and if anything were to fall."

The decision to demolish the chimney was made following a routine safety inspection made in November last year.

A surveyor's report concluded that demolition was recommended within two or three months because the chimney was 'a real danger to persons' and that maintenance was considered 'insufficient'.

Mr Duncan said the company immediately applied to Leeds City Council for permission to knock down the Grade Two listed chimney on safety grounds.

He added the company hoped to retain the six metre high plinth at the base of the chimney - which would not only save the company an additional £10,000 in demolition fees, but would retain part of the listed structure.

But by the middle of May and despite having demolition contractors waiting, planning consent still had not been given.

"That application should have been processed one way or another by Leeds planners own deadline of May 10, yet by the beginning of June we were still pressing the planners for a decision - only to be told that they had not yet consulted local amenity societies.

"We could no longer take the risk and gave the order to demolish last Monday," said Mr Duncan.

And this Monday, the company was warned that the demolition of a building without consent was a criminal offence and that it should be postponed.

However, yesterday the council appeared to be taking a more conciliatory tone.

A spokesman for Leeds City Council said: "While it is an offence to demolish a listed building without consent, we appreciate that public safety has to take priority.

"Mr Duncan has been told that he needs to keep as much of the original structure as possible when he redevelops the site."