Justin Salmon, the president and senior secretary of Sutton Common Rovers, turned a humble garden pergola into a 24‑ft enclosed room at his Coulsdon maisonette in 2018. The space, complete with UPVC doors, carpeting and a bar, was meant to offer a private retreat for him and his wife, Karen.
The dispute began when Neophytou, the upstairs neighbour and freeholder, challenged the construction after the 2020 tribunal found it breached the lease. She argued the room’s size and appearance disrupted her view and violated the agreement that only a pergola should exist. Salmon said he had removed major fittings after the ruling, hoping to comply.
Still, Neophytou insists the alterations are insufficient. "I am not going to allow a 24‑ft structure to remain," she told the court, citing the retained walls and wooden partition. She demands a full demolition, arguing the space now exceeds what the lease permits.
Salmon counters that he has restored the garden to its original status, re‑labeling the shed and pergola and removing the bar, windows and electric doorbell. He maintains that the structure’s appearance has been altered enough to meet the lease terms, and that further demolition would be excessive.
Judge Nicholas Parfitt heard both sides Wednesday but has not yet delivered a verdict. The decision, expected within weeks, will determine whether the garden room remains, is altered further, or is torn down entirely.
The case highlights how a seemingly private renovation can ignite a legal battle that spills into the courts, with potential costs topping £100,000. For the Salmons, the room also served as a vital sanctuary during the lockdown, adding a personal dimension to the dispute.