proceedings'' against a home owner who carried out building work without approval from the Department of Planning.

Alderly Edge, formerly known as Alexandra House, at 90 Harbour Road has been under construction for many years.

An application was submitted to the Development and Applications Board (DAB) in August, 2000, to build a two-car garage, terraced pool and garden, and for retroactive approval for excavation and two sets of stairs.

The DAB said it rejected the application because the owner failed to prove that the excavation and stairs constructed were on his property.

Also missing from the file submitted were a dimensioned site plan showing the property boundaries, accesses and setbacks of all structures to those boundaries and consent forms of neighbours.

But the stairs and excavation work have already taken place and Mr. Lister -- in enforcing the DAB's refusal -- could order that the stairs be taken down and restorative work be carried out to the excavated hillside.

Current owner Anthony Pearman bought the house from Panayotis Ventzos who had submitted the plans. Mr. Pearman could not be reached for comment.

But architect Paul James of Design Source International, who is overseeing completion of the two-unit house, said he intends to file a new application which would be similar to the current application with a few modifications.

One neighbour objected: "The excavation has created an extremely dangerous condition and should be refilled without delay.'' The objection continued: "The right of way and steps for both Knutsford (house) and Rocheterre (house) were demolished without consultation with or permission from the holders of the right of way or of the owners of the neighbouring Cliff Lodge.'' Further objections included: "The excavation compromises the integrity of the right of way and of the contiguous properties which are subject to erosion.'' And: "The value of the contiguous properties is diminished because of the unauthorised excavation.'' Included in the submission for approval was a statement which said: "The project exists as a result of the long and ongoing construction process.'' Head of Planning Rudolph Hollis said the statement from the Board requesting that the "Minister consider enforcement proceedings for this matter'', is a standard statement when retroactive approval is refused.

He added that the statement brought the matter to the attention of the enforcement officer as well as the Minister and that he could then make a recommendation to rectify the matter in a specific period of time.

Rectifying the matter could either entail submitting a new application to the DAB, or in some cases, the Minister may determine that what has been done without permission is reversed.