A PENSIONER has been ordered to demolish his toilet and pay nearly £10,000 in costs or face jail.
Stephen Windsor built a primitive privy in a stretch of secluded woodland to “make the area more accessible to disabled visitors”.
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But the 65-year-old failed to secure planning permission for the structure, which lies in an Area of Outstanding Natural Beauty in the Cotswolds.
And following months of unsuccessful legal battles he has now been issued an order to tear down the outhouse by the High Court of Justice.
Furious Stephen vowed to fight the judgement and continue to help his disabled visitors.
He said: “I'm not going to pay this - I'll appeal this decision.
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"There's very limited woodland in this country that disabled people can get to. Why shouldn't they be able to enjoy these environments?"
Stephen, of Bath, Somerset, bought the area of land in Quarry Woods on the outskirts of the village of Box, Wilts, in 2021.
The dad-of-two says he suffers from PTSD from his time in the Royal Marines in the 1980's, and now wants a quieter life.
The first phase of his project was completed when he built a small shed equipped with a composting toilet.
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But the area of land it sits on is designated both an Area of Outstanding Natural Beauty and a Site of Special Scientific Interest due to a rare bat population.
And locals have raised concerns about the use of the site, including fears that people might begin living on the plot.
No planning permission was gained for the development and Stephen was found guilty of failing to comply with an enforcement notice to demolish the structure at Salisbury Magistrates' Court on February 16 last year.
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More than four months later he lost a crown court appeal over the same issue and was ordered to pay Wiltshire Council's costs of £1,700.
Since then, the High Court of Justice, King's Bench Division, has issued Stephen with a further order to demolish the toilet or risk prison, a fine, or his assets being seized.
The judgement, issued on April 16 this year, states: "The defendant shall permanently demolish and remove the green wooden toilet building....together with all the associated material (including building detritus).
"The defendant shall pay the Claimant's costs of the claim summarily assessed in the sum of £9,880."
Defiant Stephen, who believes no planning permission is needed for the structure as it is moveable and not attached to the ground, insisted he would not relent.
He said around 20 disabled visitors had enjoyed the site over the last 10 months and he would not give up.
He added: "I have a different lifestyle to most people; it's about enjoying life, not making money.
"You've got to leave something good behind when you pass away - something that your children can enjoy too.
"We don't give enough back - I'm doing something for disabled people."
Knowing your rights
According to Checkatrade, if you want to build a shed on land you own, it has to fit into the following categories.
- The shed must occupy less than 50 per cent of the total area occupied by your property
- The total floor area of the shed doesn’t exceed 15m2
- The height of the eaves of the shed doesn’t exceed 2.5 metres and the building is single storey
- If located within two metres of the property’s boundary the total height of the building must not exceed 2.5 metres
If you own land that you want to build a shed on, you can do so without applying for planning permission as long as they meet certain criteria.
The exact requirements will depend on the location of the agricultural land or field, and the intended use for your shed.
The best thing to do is contact the local planning office to discuss the plans first.
There are numerous ways people can carry out improvements or extensions to their property without needing planning permission.
These come under permitted development rights which apply to homes in England.
They allow developers to change buildings such as offices into homes and also enable homeowners to build small extensions.
Building a shed, a garden home office or a Wendy house will not usually need planning permission.
But they will if they are larger than 15 sq m, are slept in or take up more than half the garden belonging to a property.
People living in a terraced house or a semi-detached house can extend their home by three metres at the back and by no more than four metres in height in a single storey.
Detached house-owners can go four metres back and four metres high.
Other permitted development rights allow a porch less than three metres square and changes of use such as loft, garage and basem*nt conversions.
They also enable energy-generating equipment such as solar panels - though not wind turbines - as well as satellite dishes, rooflights and dormer windows.
But planning experts say homes in protected areas such as an Area of Outstanding Natural Beauty tend to be excluded.
Cllr Richard Clewer, Leader of Wiltshire Council, said: “This injunction shows just how seriously we take contraventions of planning law here in Wiltshire, and I’d like to pay tribute to the tenacity of our Planning Enforcement team in this case.
“While these buildings may be small, they were constructed without permission in deciduous woodlands with a very high degree of environmental protection.
"The land is a Site of Special Scientific Interest, within the Cotswolds Area of Outstanding Natural Beauty, within the North Wiltshire Greenbelt, and within a Special Area of Conservation.
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"It is part of an internationally important site for roosting bats and is home to 10% of the UK population of greater horseshoe bats, which is one of our rarest bat species.
“Our message to anyone considering building without planning permission is clear: we will use all of the legal powers available to us and take enforcement action against breaches of planning regulations in Wiltshire.”
