Mark Strong, 54, built his 3ft-wide decking and steel balustrade with the help of his late dad Philip and brother Jay in 2019.
The black railings line the perimeter of Mark’s garden at his home in the village of Hollingwood, near Chesterfield, Derbys.
Since his dad passed away earlier year, Mark says he feels that the structure is a tribute to him.
But earlier this year unmarried Mark was stunned when he received a letter from Chesterfield Borough Council demanding the structure is removed.
According to the council, the balcony breaches planning regulations because it overhangs 1m (3.2ft) onto council land.
Mark is refusing to remove his balcony, arguing that thorny bramble bushes underneath his garden extend further onto the land.
He launched a campaign to save the balcony and secured the signatures of more than 1,000 people living nearby.
Despite the council’s demolition order, Mark has defiantly decorated his handiwork in dozens of Christmas lights and Santa figures.
Mark said: “It is ridiculous. The balcony was first built before lockdown by my dad, my brother and his son.
“We have not heard a bad word about it since.
“We want it to stay afloat because my dad passed away at the beginning of this year, so it’s like a memorial to him.
“Everybody said the council’s decision is a scandal.
“I’ve had about 150 people commenting on my post and I started a petition to save the balcony.
“People are knocking on my door to sign it.
“Everybody on the estate loves our Christmas decorations and think they are beautiful.
“The council are being very Scrooge-like if they don’t like what I’ve done with the decorations.”
In the past two years running Mark has won Hollingwood’s ‘Best Christmas Lights’ competition which is run by local residents.
He added: “When the council got in touch with us to take the balcony down we were upset as it was the last thing our dad did before he died in January.
“That’s why we decided to take them on with the petition of paper signatures and later online which overall got over 1,000 signatures in the end.
“We think the Christmas decorations this year are just wonderful.
“We always try our best to improve each year, but we really pushed the boat out for our dad this time and we dedicate this year’s Christmas decorations to him.”
Two council contractors visited the house to have a look at the balcony in the summer and said it must be taken down by the end of October.
Despite the deadline, Mark says he is willing to fight to save it.
He said: “It’s only a metre over the council owned land. There’s thorn bushes below it.
“We moved here in 1992. The council mowed the grass and cut the hedges one year, that was it.
“All the bramble and the overgrown blackberry bushes come out further than our balcony.
“It’s just some council jobsworth doing this. If we take it down and move it back, it will just look the same.”
Chesterfield Borough Council defended the ruling, saying Mark breached planning rules.
Councillor Martin Stone, the council’s cabinet member for climate change, planning and the environment, said: “The construction of the balcony encroaches into land owned by the council which is allocated as public open space.
“This was constructed without the council’s permission.”
