A pensioner who deliberately flouted planning rules by adding an extra storey to an extension at his Wolverhampton home has lost an appeal against his conviction and been ordered to pay an extra £750.

Syed Shah continued building despite having been refused permission and losing an earlier appeal. For nearly three years the 76-year-old has ignored warnings and an enforcement notice ordering him to demolish the top storey.

Yesterday at Wolverhampton Crown Court he was criticised by Recorder Christopher Alldis who said: “We are told that even today the building still exists as a second-storey extension. This is a flagrant breach of planning consent.”

In January Shah was fined £7,000 and ordered to pay the entire £700 court costs for ignoring a council enforcement notice ordering him to pull down the first floor. He had pleaded not guilty to the breach.

Permission for a two-storey annexe at his home in Parkfields Road, Parkfields, was thrown out as far back in 1988 along with a subsequent appeal to the Government’s inspectorate.

In 2006 Shah resubmitted an application for a single-storey extension and won but proceeded to build two bedrooms and a kitchenette above the ground-floor unit, making the building 6ft 6in higher that it should have been.

Building inspectors from Wolverhampton City Council issued an enforcement notice ordering him to pull down the second storey in Parkfield Road by January 2008 but no work was ever done.

Shah told the court he lives on the basic state pension and £50 a week in rent from the shop below his flat. It emerged he had a number of properties.

It was ruled the original sentencing by deputy district judge Nicholas Cartwright should stand and ordered Shah to pay an additional £750 costs.

Shah was told to have the extension demolished or the council would do it.