JUDGES have told a pensioner who built a bungalow in his back garden illegally he can take his case to the High Court.

But Nigel Cowell, 66, doesn’t know if he can afford the estimated £50,000 legal costs in his bid to stop it being demolished.

The retired architect has been fighting Oxford City Council’s decision to reject two retrospective planning applications for the home in Mill Lane, Marston, for four years.

He said he had already spent more than £100,000 in building costs, fines and legal costs.

He said: “I have a real decision to make.

“Judges at the High Court told me on Monday there was an avenue open for me to take this case to a judicial review.

“Unfortunately the costs could be huge.

“I don’t know what to do.

“Do I incur more expense and take this thing to the High Court when all they can do is send it back to the Planning Inspectorate, or do I demolish a decent home?”

Mr Cowell was given planning permission to build a garage at the site, but instead he built a bungalow to help a friend in need.

In April this year, a second appeal – both against refusal of planning permission and an enforcement notice ordering the building’s demolition – failed.

On Tuesday, he presented the results of a poll at the council’s north east area committee meeting which, he claimed, showed he has the support of “most” people in Marston.

He said: “I commissioned a teacher who was entirely independent.

“Out of 464 people who were asked in the area, 353 – or 76 per cent – were in favour.

“One person even stopped me and told me they supported my fight and would like to live there themselves.”

Mr Cowell, who used to work at Oxford Brookes University, added: “There is a huge need for housing in Oxford yet the council is determined to pull down my bungalow.

“I’ve had it valued at £160,000, which is a considerable amount of money. It would be such a waste if it had to come down.

“I feel the council is being extremely vindictive.”

A spokesman for Oxford City Council said Mr Cowell had been given a deadline of August 15 demolish the bungalow.

She added: “Our enforcement action has been upheld on appeal by the Planning Inspector.

“However Mr Cowell has challenged this decision. The council are currently awaiting the outcome of this High Court case."

dhearn@oxfordmail.co.uk