Mr Mitchell, who spent £8,000 installing decking outside his Seven’s Boat Shed restaurant without prior planning approval, was ordered to remove it by the inspector last month.
Eddie and Brenda Mitchell’s Black Label Events (Poole) Ltd had appealed to the Planning Inspectorate against Borough of Poole’s decision to refuse retrospective planning permission.
Initially, Eddie told the Daily Echo that if Borough of Poole wanted it removed it then ‘they’d better come and take it down’ but, yesterday, conceded: “I’m not above the law, and if I have to take it down, so be it.
“It is just so disappointing because but we’ve had a lot of support from people who use the restaurant and kiosk.
“We’ve collected well over 1,500 signatures.”
The decking will be sold with the proceeds going to former Poole Town FC player Andy Culliford, who has been described as an ‘inspiration’ during his battle against motor neurone disease.
Mr Mitchell said: “If we can make some money for Andy out of all of this, then at least that will be something positive.”
The restaurant’s decking will be cordoned off from next Thursday, before being removed by the following week.
Planning inspector Megan Thomas said: “It unduly harms the character and appearance of the designated heritage asset and discourages the use of public open space.”