I chopped down a protected willow tree to build a £75,000 two-storey man cave in my garden... my neighbours hate it but I don't care

Daily Mail​

3 days ago

A man who illegally chopped down a protected willow tree to build a £75k 'man cave' in his back garden is at war with neighbours and the local council.
Justin Claybourn, 56, erected the two-storey annexe without planning permission has now been hit with a hefty fine and ordered to demolish the entire structure.
He flouted council rules by constructing the 12-metre-long hideaway behind his detached home in the picturesque Foggathorpe, an ancient East Yorkshire hamlet referenced in the Domesday Book.
Despite being granted permission for a single-storey garage, the father-of-two spent £75,000 on a lavish DIY project complete with a steel staircase, French doors, and first-floor balcony that neighbours say invades their privacy.
Mr Claybourn, a plumber and builder, also illegally chopped down a mature 50ft willow tree that had been protected under a Tree Preservation Order (TPO).
East Riding of Yorkshire Council has now ordered him to demolish the 'entirely unauthorised' building, staircase and an adjoining timber pergola 'in their entirety'.
In response, the self-employed plumber denied wrongdoing and accused town hall planners of 'stabbing me in the back'.
Mr Claybourn argued the building - used for his hobby of restoring classic cars and offering his daughter a place to stay - falls within permitted development rules, claiming the council misread his original plans.
Insisting he is '100% guaranteed to win' an appeal, the defiant tradesman told MailOnline: 'I can't lose. I won't have to demolish it.
'The worst-case scenario is I would have to take the windows and the staircase out, and that's it.
'If push comes to shove, I won't be able use it. But I'm not knocking it down.
'It would never have got to this stage if the council had read the initial plans. But they're being absolutely horrendous. They're doing everything they can to stab me in the back.'
Council planners originally green-lit the proposal in 2021, approving a modest brick garage which it said would be similar in height to neighbours', on the strict condition the mature willow tree would be safeguarded.
Mr Claybourne admitted lopping down the protected tree after completing the build - an action that led to court-ordered fines and costs totalling £5,644.
He admitted: 'I cut the tree down after I built the garage, because a branch fell off and smashed the garage roof in.
'It's a willow tree. It's an invasive species in my back garden and it was out of control.
'Branches were falling off. They smashed the fence panels in on the right-hand side of my house. I had to pay for them.
'I've got grandkids. If my grandkids come in and something falls off it, what do you do? So, I just took the bullet and I cut it down."
East Riding council pursued enforcement action claiming that what eventually emerged on the site was not in line with what had been signed off, and included a bathroom, kitchen, reception room and additional Velux windows.
Emma Lister, who lives next door, said the giant annexe had left her family feeling exposed in their own garden.
In an objection to Mr Claybourn's rebuffed retrospective planning application, the mother-of-two wrote: 'We strongly object to the addition of glass doors, a balcony or seating area, and an external staircase at the rear first floor of the garage/store, which sits directly next to the boundary of our garden.
'The elevated position and close proximity of the structure result in significant overlooking, severely impacting our privacy. It is also completely out of character with the surrounding properties in this residential area.'
Mr Claybourn has appealed to the planning inspectorate, with a decision expected later in the year.
He said: 'If I have to do, I'll take the windows out and I'll take the staircase down.
'We've got to draw a line under it somewhere and come to an agreement.
'If I thought I had to knock it down, I would never have built it.
'If I have to demolish it, can you imagine the mess?'
In enforcement documents seen by MailOnline, East Riding officials declared: 'The appearance of the building has been substantially altered... and as a result appears out of scale with the domestic setting of the site and does not comply with the design code.
'As approved, the garage would have complemented the scale and appearance of the neighbouring garage. However, the development as built appears as a dominant feature when viewed from the street.'
The council report added: 'The building has been designed to be capable of being occupied independently of the main dwelling since the accommodation comprises a kitchen, bathroom, reception room and 'store' and has been used for residential accommodation.
'As a result of the building being entirely unauthorised, there is no control with regards the occupation of the accommodation. This could result in an unacceptable impact on the residential amenity of neighbouring occupiers from noise and disturbance.'
In response, Mr Claybourn said that stonework was reclaimed from a church conversion to match the original property and that 6.25m height of the annexe was only marginally bigger than that initially approved.
He was taken to court in January and ordered to pay £5,644 in fines and costs for lopping down the willow, which was said to have been in 'good health' before being razed.
The court heard he initially caused serious damage by pollarding the tree, before then going on to completely remove it.
A council spokesperson said: 'The works were undertaken without any consent either for the initial works to pollard the tree, or the works to fell the tree.
'Investigations by the East Riding of Yorkshire council's planning department revealed that the tree appeared to be in good health prior to the work taking place.'
Councillor Gary McMaster, of East Riding of Yorkshire Council, said: 'The council takes protection of trees seriously and takes robust action where illegal behaviour occurs.'
If Mr Claybourn loses an ongoing appeal with the Planning Inspectorate, he will have six months to tear down the annexe or face the prospect of again being summoned to court.
East Riding of Yorkshire Council said it would not comment during the appeal process.