Rutland County Council issues enforcement notice for owners of Burley home at centre of planning row

The Pavillion, Home Farm Close, Burley'Photo: SM261011-193js
The Pavillion, Home Farm Close, Burley'Photo: SM261011-193js
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The owner of a house at the centre of a planning dispute could face a substantial fine if they fail to make changes ordered by officials.

Rutland County Council issued an enforcement notice to the owners of the Pavilion in Home Farm Close, Burley, on February 1.

The owners have until tomorrow (Saturday) to appeal against the enforcement notice but as of yesterday (Friday), an appeal had not been submitted to the council.

The notice means the owners have two years to reduce the height of the roof and change the property to accord with plans which were approved in 2004, and allowing some alterations that were made later.

If the owners do not make the ordered changes within two years, the council will meet again and could opt to take legal action - forcing the owner to pay a substantial fine.

The owner would still have to carry out the work ordered and if they did not, they would be at risk of further legal action.

Rutland County Council’s development control and licensing committee agreed in September to take enforcement action and went against the recommendation of officers, who were concerned about the legalities of taking action.

The plans for the house were originally drawn up and given approval in 
2004 and a planning application for some slight alterations was approved in 2007.

But the building went beyond what was approved. This came to light when the former owners went into receivership and the receivers discovered the house did not have the appropriate planning permission.

The receivers submitted an application to retain the house as a new build in November 2011 but the council refused it citing the size of the house, the impact on residents and the Burley-on-the-Hill estate, and the design.

Initially it was thought that refusal would mean the house would have to be demolished.

But planners learned of a court ruling from 2010 which set a precedent for The Pavilion. It said alterations which had not been agreed but were detailed on a later planning application would then be judged to have been approved.

Plans for The Pavilion, as it currently stands, were shown on an application for a roof light, balcony and carp pond in 2007. There are eight discrepancies to address.

Since then the house has been sold for an undisclosed sum. It was previously on sale for £2.75m.

We tried to contact the new owner without success.