Malcolm Hughlock and his partner Tracy were summoned to court by Redcar and Cleveland Council over a breach of condition notice relating to a property Mr Hughlock built in Boosbeck, East Cleveland. The pensioner failed to comply with the planning authority’s demand that he take down the balcony of a house he built in Serenity Hollow, a cul-de-sac in the village, having been given three months to do so.

The two-storey modular property, which contains rubber tyres in its foundations, had been granted retrospective planning permission on condition that the balcony, which overlooks a bungalow, be removed. The defendants are charged with breaching a condition notice issued by the council, the offence occurring between April 2 and July 15 last year.

They did not appear for the hearing at Teesside Magistrates Court, in Middlesbrough, and instead pleaded not guilty by letter.

Malcolm Hughlock in front of the property in Serenity Hollow, Boosbeck

Last year Mr Hughlock described “banging his head against a wall” in frustration with the council and said he had suggested a modification to the balcony instead of its complete removal.

He said: “The original design was award winning and if you take the balcony down it loses something big – it is just for looks, not to use. Take the balcony off and it becomes a square box.”

Mr Hughlock said the council was being “very unfair” and claimed a precedent had been set with two other neighbouring properties he also built in the cul-de-sac, one of which had a balcony at the back.

A council spokesman previously said Mr Hughlock’s actions had “used up valuable staff resources, unnecessarily complicated and prolonged the planning process and caused some distress to adjoining occupiers”.

The trial has been set for April 7.

Builder and wife set to face trial over controversial balcony built at home