A HOUSE near Oakham which is at a centre of a planning row could be saved from demolition.
The agents acting for the Pavilion in Home Farm Close, Burley, were threatened with an enforcement notice by Rutland County Council, which could have meant the house had to be demolished or significantly altered.
The council had said alterations at the property, a substantial detached bungalow, were made without the appropriate permission. But now councillors are being advised not to pursue enforcement action.
This is because the agents, Cooper Parry, have found a court ruling from 2010, which means that details on an already approved planning application are deemed to be approved even if they have not been specifically applied for.
The Pavilion, as it currently stands, was shown on an application for a roof light, a balcony and carp pond in 2007. The 2010 court ruling means the overall building, apart from a discrepancy on the ridge height in one area, has approval.
The development control and licensing committee will meet on Tuesday from 6pm to discuss the application. Councillors do not have to follow the officers’ recommendations.
Suspicions the Pavilion did not have the necessary planning permission arose when its former owners went into receivership.
The former owners had secured planning permission to extend the property but the work went beyond what the council had approved and resulted in a 9,000 sq ft property with a swimming pool.
Cooper Parry, as receivers, then submitted an application to retain the house, which was originally valued at £4m, as a new build property, believing the original property had been demolished.
County councillors unanimously refused permission, citing the size of the house, the impact on residents and the Burley-on-the-Hill estate which it overlooks, and the design and materials used.
The Rutland branch of the Campaign to Protect Rural England opposed the plans and there had also been objections from residents living in Home Farm Close, who are expected to attend the meeting on Tuesday.
It was then discovered the original property was intact inside a new brick skin so Cooper Parry withdrew the application.
Following this, the court ruling from 2010 was discovered.
A report to the meeting on Tuesday states: “While local residents remain concerned about the situation on this site, it now appears that there is little that can be done to secure a wholesale reduction in the size of the building to its approved size under the 2004 original permission.”
Following the refusal, the house went back on the market for £2.75m.
Tyrone Courtman, a partner at Cooper Parry, revealed this week that the house has been sold but would not reveal the sale price.
He said the matter was no longer Cooper Parry’s responsibility and added: “We wish the new owners the best of luck.”