Builder's Defiant 'Can't Lose' Claim Crushed by Planning Inspector
A self-employed plumber who bragged he was "100% guaranteed to win" after building a £75,000 man cave without proper planning permission has suffered a humiliating defeat in his battle with local authorities. Justin Claybourn, 57, constructed the sprawling annexe behind his detached home in the picturesque East Yorkshire hamlet of Foggathorpe, despite only having permission for a modest single-storey garage.
Unauthorised Structure Deemed 'Overly Dominant'
Eight months after being ordered to raze the unauthorised 12-metre hideaway, a government planning inspector has now thrown out Claybourn's appeal and upheld East Riding of Yorkshire Council's enforcement notice demanding the structure be torn down. Inspector M Savage delivered a blunt assessment, stating: "There are no lesser steps and no obvious alternative which can be achieved with less cost and disruption than total removal."
The inspector noted that the 20ft structure was "significantly taller" than initially approved and ruled it was "overly dominant" while "harming the character and appearance of the area." He added pointedly: "Garages are not, in my experience, usually fitted with fully equipped kitchens or bathrooms."
Neighbour Privacy Concerns Upheld
Claybourn had fitted the annexe with a kitchen, bathroom, steel staircase, French doors, and first-floor balcony that neighbours complained invaded their privacy. Emma Lister, who lives at Peartree House next door, described how the giant annexe had left her family feeling exposed in their own garden.
In her objection to Claybourn's 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."
The planning inspectorate agreed that Ms Lister had suffered an "unacceptable loss of privacy," noting that users of the first floor would likely be able to peer into her rear garden, creating an intrusive environment that might deter garden use.
Protected Tree Felled Illegally
To make way for the illegal annexe, Claybourn also illegally chopped down a mature 50ft willow tree that had been protected under a Tree Preservation Order (TPO). This action led to court-ordered fines and costs totalling £5,644. Council planners had originally green-lit the garage proposal in 2021 on the strict condition that the mature willow tree would be safeguarded.
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.
Builder's Arguments Rejected
Claybourn had argued the building - which he said was used for his hobby of restoring classic cars and offering his daughter a place to stay - fell within permitted development rules. He claimed the council had misread his original plans and accused officials of "doing everything they can to stab me in the back."
In an additional blow, Claybourn - who vowed last year that "if push comes to shove...I'm not knocking it down" - also lost a bid to force the council to pick up his appeal costs. Refusing the application for costs, Inspector Savage said Claybourn knew he was "at risk of enforcement action at an early stage but proceeded with the development."
The inspector ruled: "I do not consider that the council has behaved unreasonably. Unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted."
Three-Month Demolition Deadline
Claybourn now has three months to demolish the "entirely unauthorised" building and staircase, though he can keep an adjoining timber pergola. The decision marks a dramatic reversal for the builder who had confidently told the Daily Mail: "I can't lose. I won't have to demolish it."
Inspector Savage concluded that what had been constructed was "a building of a different character to that which was approved," leaving Claybourn with no option but to comply with the demolition order.
