An illegally built big bird cage will not be torn down after councillors decided it would be unfair to make the animals, which had grown “used to the area”, homeless.

Woking Borough Council’s planning committee heard an enforcement application against a back-garden aviary in Barton Close, Knaphill, built without planning permission almost four years ago.

It has since become popular with local schools, the meeting was told.

The Tuesday, September 5 hearing also learned the notice had to be issued immediately to make the four-year cut-off date as, once that passed, it would gain immunity from enforcement and become lawful.

The committee was told that the bird house took up “the entirety” of a back garden and that “its dominance can be clearly identifiable and is in stark contrast to the neighbouring gardens”.

The council’s planning officer said it formed an “arresting and imposing feature”.

The notice was dismissed however after an impassioned plea from Councillor Saj Hussain, speaking on behalf of the resident. He said: “I know the officers have a job to do… but the committee can look at it and reason.” Cllr Hussain added: “

The two things that stick out, one is the loss of amenity space but I’ve been there three or four times and I’ve seen sofas, chairs, deck chairs; the residents are actually still enjoying the amenity because it’s not converted completely.

“There is still a breeze coming through, there’s just some wire meshing. “As for street scenes, that is for the eye.

“These birds are used to this area, they have been there several years now, and are we going to make them homeless because of a complaint made in 2021 during Covid.”

He added: “These birds are really really good, schools love them.”

The property, which belongs to a housing association, had no objections from the the landlords.

Cllr Steve Greentree, ward member for Knaphill said: “This is using a sledgehammer to crack a walnut to be perfectly honest.

“We shouldn’t really be here discussing this.”

The application to issue enforcement notice against the aviary was rejected.

Woking Borough Council declared itself effectively bankrupt this year and stopped all new non-essential spending in an effort to climb out of its £2.6billion debt.