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One neighbour said he is 'willing to go to prison' over the planning issue
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A couple in Henley-on-Thames are battling to save a rehabilitation facility they built without permission in their listed garden, constructed to aid their teenage son's recovery from a serious rugby injury.
Tony and Tara Baxter face opposition from neighbours and local authorities over the unauthorised development at their £1.3m home, which includes a therapy pool and gym.
The couple now await a crucial planning decision from South Oxfordshire District Council, due on March 4, after Henley Town Council recommended refusing the application.
Tony has vowed to continue fighting for the facility, stating he would "be willing to go to prison" over the planning issue, insisting "it is what any father would do for his kids."
A couple in Henley-on-Thames are battling to save a rehabilitation facility they built without permission in their listed garden, constructed to aid their teenage son's recovery from a serious rugby injury (stock image)
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The Baxters relocated to Henley-on-Thames from London in February 2022, purchasing what they described as their "dream" five-bedroom home in the riverside town.
Just months later, their 16-year-old son suffered a catastrophic head collision during a rugby match, requiring two brain surgeries.
The operations in November 2022 involved drilling a hole the size of a fist into their son's head to remove a life-threatening blood clot.
"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," Tara told MailOnline.
Following the surgery, their son made what they describe as a miraculous recovery.
Tony, who had no prior building experience, decided to create a specialist recovery space for his son's rehabilitation.
The facility consists of an outdoor therapy pool and gym area, which the parents hoped would aid their son's physical recovery and provide a place to socialise.
The family is also renovating Henley's only remaining air raid shelter into a sauna.
Tony claims the development occupies just 10 per cent of their garden plot, and said he was unaware the garden fell under the same Grade II listing restrictions as the house.
The project has proven costly, with the couple spending up to £40,000 on wood materials alone, while plants approaching the outbuilding cost over £1,000.
Neighbours have strongly objected to the development, with one describing it as an "enormous party room" that is "larger than the footprint of the main house."
The objecting resident told the council: "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."
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Another neighbour submitted a complaint to Henley Town Council, describing the building as a "party room" of "unbelievable noise" that is "causing a nuisance to neighbouring residential properties."
Following these complaints, the Baxters were forced to submit a retrospective planning application to South Oxfordshire District Council.
Tony strongly denies the facility is used for parties, stating: "I didn't do this to p**s 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's son, who wished to remain anonymous, defended the facility's importance to his recovery.
One neighbour submitted a complaint to Henley Town Council, describing the building as a "party room" of "unbelievable noise" that is "causing a nuisance to neighbouring residential properties" (stock image)
GETTY"I am worried without this rehabilitation centre my life would not be the same. It would have a negative impact on my future," he said.
"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. I hope no more is taken from me."
Henley Town Council's Planning Committee has recommended refusing the application "on the grounds of overdevelopment."
The committee found "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."
In a statement, the council said it "acknowledges and sympathises with the personal circumstances" but insisted planning decisions must follow national and local policies.
The final decision rests with South Oxfordshire District Council, with a target date of March 4.