A Bingley businessman is at loggerheads with Bradford planning bosses who have demanded the demolition of his barn.

Company director and farmer Neil Crosswaite was ordered to knock down the building in Walsh Lane, Bingley, after planners said he did not have appropriate planning permission. The building was also said to be an "incongruous feature on an exposed hillside".

But at an appeal hearing at Shipley Town Hall, Mr Crosswaite claimed he sent the relevant document - a prior notification form - to planners and said because he did not receive a response he believed he had permission for the construction.

"As far as I knew I had done everything correctly and it said on the form that if I did not hear anything within 28 days then construction could commence," said the father-of-two.

"I've worked closely with the planning department and even reduced the building and dug three metres back into the hillside after complaints about its position.

"I will be devastated if I have to tear it down and I'll fight it all the way."

Mr Crosswaite's initial plan was recommended for approval by Shipley planners in 2000 but was rejected by the Shipley Area Planning Panel after complaints from residents and Micklethwaite Village Society.

Mr Crosswaite said he was then advised by planning officers to apply for a lawful development certificate.

Government planning inspector Sean Slack, who conducted the hearing, asked Mr Crosswaite if he could produce proof that the form, which included specific details of the plan including the building's appearance, was sent to the planning department in September 2000.

"A lawful development certificate was issued on September 13, 2000, for an agricultural building to store feed and machinery but to carry out permitted development a written description of the plans must be submitted to the authority," said Mr Slack. "However, the authority said it has no record of this form being received and no receipt for a fee was sent to Mr Crosswaite."

Mr Crosswaite submitted a letter from his accountant that showed he wrote a cheque for the fee to Bradford Council but it was never banked.

He said he did not have proof of postage but kept a copy of the form which he copied on his fax machine.

Planning officer Annette Middlemass, based at Shipley Town Hall, said it was clear on the form that Mr Crosswaite should have at least received acknowledgement that the document was received.

"We tried to advise Mr Crosswaite of the best way forward in getting his building built but unfortunately we did not receive the necessary document which would result in the building being authorised," she said.

Bradford Council enforcement officer Ian Horsfall said if Mr Crosswaite lost his appeal he would have to comply with the enforcement notice and remove the building.

"In theory he could try to make another planning application to retain the building," he said.

Mr Slack has made a site visit and is expected to decide on the future of the building within two to three weeks.