Couple at struggle with ‘nightmare’ neighbour stopping them constructing pool and gymnasium for teen son in again backyard of their £1.3m residence

The owners of a luxury £1.3million listed home are at war with their ‘nightmare neighbour’ and council over a rehabilitation gym and pool they built in their garden for their injured teenage son.

Tony and Tara Baxter relocated to Henley-on-Thames in February 2022 from London, purchasing what they described as their ‘dream’ five-bedroom home in the picturesque riverside town.

But just months later, their world came shattering down as their then-16-year-old son, a seasoned rugby player, suffered a catastrophic head-collision injury that resulted in him requiring two brain surgeries.

Ms Baxter, who described the surgeries in November 2022 as the ‘worst days of her life’, feared that her son would never come out of the operating theatre alive.

She told MailOnline: ‘I knew it sounds incredibly melodramatic, but there’s one point where I thought, “I just want to stop living now, because I can’t bear it”. It was so terrifying.’

Following a surgical procedure that involved the drilling of a hole the size of a fist into the side of their son’s head to remove a life-threatening blood clot, the young sportsman made a miraculous recovery.

At a loss for how best to support his son when he returned home, his heartbroken father, Mr Baxter, who had no prior building experience, vowed to invest in creating a specialist room for his mental and physical recovery.

He insists that while estate agents had been clear that their property was grade-two listed, he was completely unaware the garden fell under the same restrictions.

Consisting of an outdoor therapy pool and gym area, his devastated parents hoped the outbuilding could serve as a place for their son to rehabilitate from his injury and socialise with friends.

The couple’s garden also comes fit with Henley’s only remaining air raid shelter, which the family are currently in the process of renovating into a sauna.  

Mr Baxter said that he assumed his neighbours would have little issue with the building, which he asserts takes up a mere 10 per cent of the garden plot, and that the pair were also more than happy to engage in productive discussions of how best to ensure it did not impose on any surrounding gardens.

However, to the couple’s dismay, their neighbour was quick to criticise the parent’s ‘passion project’, immediately submitting a complaint to Henley Town Council.

Describing the building as a ‘party room’ of ‘unbelievable noise’, the begrudged neighbour insists that the small building is ‘causing a nuisance to neighbouring residential properties’.

Meanwhile another neighbour, who also objected to the building, told the council during a committee meeting: ‘We have had the illegal construction of what appears to be an enormous party room at the bottom of the garden which is larger than the footprint of the main house.

‘We have had to put up with this for two years, so we have very real experience of the detrimental effect on neighbouring properties by this development.’

Due to complaints, the couple have been forced to submit a retrospective planning application to South Oxfordshire District Council (SODC) and are at risk of losing thousands of pounds spent on materials, builders and ongoing construction.

Mr Baxter said that the couple had spent up to £40,000 just on wood materials, while the plants alone in the approach to the outbuilding cost more than £1,000. 

Refusing to back down amid the ongoing feud, Mr Baxter even said he would ‘be willing to go to prison’ over the planning issue, insisting ‘it is what any father would do for his kids’.

He added: ‘I didn’t do this to piss the neighbours off, I did this to save my son and that was my priority. It’s not a party room, there’s no music in there, it’s literally a gym and a recovery area for him.’

The couple, who claim that the neighbour has been ‘targeting’ them and their young children for years, say they are becoming so ‘fed up’ with the ongoing neighbourly issues that they have even considered giving up their dream home.

Ms Baxter said: ‘He yells at our kids across the fence, he once moved a bin outside our home 42 times just to cause unnecessary noise. The miserable man honestly has a personal issue with us and we are living with it day in, day out. Its just horrendous.’

They pair even claim that the neighbour intentionally blocked access to a shared building entrance in August 2024, depriving the family of access to essential items.

Mr Baxter, who described that particular incident as ‘the lowest of the low’, said: ‘He’s targeting my son who’s recovered from a devastating injury, alongside our other kids. 

‘He’s a green-eyed monster with jealousy. He sees a successful family come from London who do a lot for the community, and is just jealous.

‘I’ll fight this to the bitter end, we’ll carry on building. If (the council) reject our appeal, we’ll just keep going. As a dad, I’m doing it for my son.’ 

Ms Baxter said: ‘I just want some peace. I’m so fearful of him (the neighbour), I can’t even take the bins out on my own anymore. I have nightmares.’

Mr and Ms Baxter’s son, who chose to remain anonymous, said that the outbuilding ‘gave me a place to focus on returning to normal life.’

He added: ‘I am worried without this rehabilitation centre my life would not be the same. It would have a negative impact on my future. 

‘I have already lost a few things in life due to this accident, such as being able to play a sport I loved as a boy, alongside now being permanently fragile on the left side of my head. 

‘I am always grateful for leaving that hospital well enough to talk and walk, but I hope no more is taken from me.’

The couple described any assertion that the one-storey outbuilding is imposing on surrounding homes as ‘b******s’, insisting that the building does not go wall to wall. 

They also insisted that they do not sleep in the outbuilding, satisfying the necessary requirement that the building must be intended for a use that is incidental to the enjoyment of the house. 

They said that they had been willing to fully co-operate with the council’s demands and requirements, but felt that they had been ‘unsympathetic’ to their family’s uniquely challenging circumstances. 

Mr and Ms Barkers’ retrospective planning application is set to be reviewed by SODC, with a target decision date of March 4. 

A representative from Henley Town Council said: ‘Henley Town Council’s Planning Committee carefully considered this application and, after discussion, recommended refusal on the grounds of overdevelopment. 

‘The Committee found that the scale and massing of the development, along with the materials used, were not in keeping with the character of the listed building and its setting.

‘While the Council acknowledges and sympathises with the personal circumstances of the applicants and the intended use of the structure, planning decisions must be based on national and local planning policies, including regulations that protect listed buildings and conservation areas. 

‘The Committee’s recommendation is advisory, with the final decision resting with South Oxfordshire District Council as the planning authority.

‘We appreciate the applicants’ willingness to cooperate and their engagement in the process. Should they wish to explore amendments that better align with planning guidelines, they may wish to seek further guidance from the district council’s planning officers.’

SODC said: ‘As this application is still under consideration it would be inappropriate for us to comment until a decision has been made.’ 

The neighbour in question declined to comment.