A MAN who built a bungalow in his Oxford back garden without planning permission may take his case to the High Court.

Retired architect Nigel Cowell, 66, has spent the past four years trying to get retrospective approval for the bungalow in Mill Lane, Marston.

He had planning permission to build a garage at the site but said he built the bungalow instead to help a friend in need.

Last week, Mr Cowell found out his second appeal to a planning inspector – both against refusal of planning permission and an enforcement notice ordering the building’s demolition – had been unsuccessful.

The appeal was heard in April, but the decision was only announced last week.

Mr Cowell said: “I am gobsmacked by the decision and I think I have been very unfairly treated. What I have to consider now is do I undertake yet more expense to take this thing to the High Court when all they can do is send it back to the Planning Inspectorate, or do I grit my teeth and demolish a decent home?”

He described the episode, which he said had cost him “far, far too much”, as a “Kafka-esque nightmare”.

Mr Cowell acquired planning permission for a garage in February 2005, but built the bungalow instead.

He said he had been acting as a Good Samaritan by building a home for a neighbour whose house was to be repossessed — but told the planning appeal hearing the bungalow had been rented out to a number of different people before it was vacated in September 2008.

Mr Cowell has since taken the matter to court, applied for retrospective planning permission and brought his case before two planning inspectors, all unsuccessfully.

He said if he had built the bungalow commercially, rather than to help a friend in need, he would never have built it without first gaining appropriate planning permission.

He was fined £5,000 in September 2008 by Judge Christopher Compston for failing to alter the building in line with the original permission, and ordered to pay £5,000 costs.

Planning inspector Tim Belcher also awarded Oxford City Council costs in relation to the latest appeal, which are yet to be determined.

A spokesman for the council said Mr Cowell now had until August 15 to take the building down and a further month to remove associated materials from his back garden.

She said: “If the enforcement notice is not complied with, the council can then consider prosecution for non-compliance and direct action to demolish the building.

“Oxford City Council will make full use of its planning enforcement powers when people choose to ignore planning laws.”

fbardsley@oxfordmail.co.uk