Seven flats which were illegally built have been given retrospective planning permission – but the developer has a costly price to pay.

Hertsmere borough councillors approved the seven flats which were constructed in Argyll House, part of the Royal Connaught Park development in Bushey.

Initial permission was granted back in 2001 for 23 flats but building of Argyll House did not take place until 2016/17.

It was then discovered that Comer Homes had built seven extra flats – and it appears the company was only found out after a resident raised concerns.

So Comer Homes were forced to apply for retrospective planning approval.

The application was easily passed but all councillors on the committee argued that Comer Homes has to pay extra community infrastructure levy money (CIL) and an affordable housing contribution as a consequence of their error.

Cllr John Graham, who was on the committee when the initial application was passed, said there was no room for “flexibility” from the developer (Comer Homes).

He said in the meeting: “In the past, this developer chose not to follow a spirit of agreement. This developer has form. Who decides to build seven flats on the spur of the moment? We’ve tried to be flexible with this developer and it has not served the council well. There is no flexibility in this.”

Members agreed section 106 payment had to be made on the date of signing the s106 planning agreement, which has a deadline of June 30 this year. They were all adamant that the money had to be paid as soon as possible to ensure Hertsmere as a community receives the financial benefits.

Speaking on behalf of Comer Homes was Neil Rowley.

He said the developer has made an effort to “rectify" the error and worked with council planning officers for around a year. He said it was with “regret” that they were back in the chamber and added that the developer was having to pay a “significant” amount of CIL money and affordable housing contribution as a result of the error.

CIL money is used by councils to improve or provide infrastructure.

The sum of money has not been disclosed yet - possibly because the exact amount has not been agreed yet.

Of the 30 flats in Argyll House, 16 have been sold.

Royal Connaught Park is a private development in The Avenue set in more than 100 acres of parkland.

Cllr’s Jane West and Kashif Merchant abstained while Cllr Jeremy Newmark was unable to vote as he entered the meeting after discussion had started.