A builder is facing legal action after fitting windows that planners said were too big.

Muhmmed Khan, of Catherine Street, Oxford, built three houses on a dilapidated site in Sheep Street, Bicester, but fitted windows that did not comply with the agreed planning permission.

In April 2002, Cherwell district councillors agreed to take enforcement action, but Mr Khan appealed and won.

However, a year later, he was ordered to change the windows -- by August 2003.

However, the work has not been carried out, and a new planning application by Mr Khan to retain the windows has been refused by councillors at the council's south area planning meeting.

Members refused planning permission to keep the windows and agreed to serve a breach of condition notice.

Mr Khan will be given three months from the date of the order to carry out the work or he could end up at magistrates' court facing a criminal charge.

Mr Khan claimed the council had been unfair and said he may appeal.

He said: "It would make the windows smaller and that would not be good for the people living there. We improved the site a lot."

But planning officer Bob Duxbury said: "The councillors have accepted a recommendation that we should refuse planning permission to allow retention of the dormers and have agreed to the second recommendation that we serve breach of condition notices."