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A couple who paid nearly £2 million for their dream home in the Cotswolds have been told that it must be demolished.
Gerrit and Angela Pies only discovered after the purchase that their thatched mansion near Chipping Campden had been vastly extended without proper planning permission.
The couple, who live in Solingen, Germany, bought the four-gabled house from a local builder, Mark Rathbone, for £1,911,000 last September.
Mr Rathbone completely rebuilt and extended the property, more than doubling the floor space and creating what neighbours describe as a Disney mansion out of keeping with the area.
The original house and garage had 185 sq m of floor space and Mr Rathbone had permission to extend it to 290 sq m. The current house is 450 sq m.
Cotswolds District Council is now insisting that the building be restored to the size agreed in the planning permission obtained by Mr Rathbone.
The couple said that they were “distraught” and bought the house in good faith believing all the necessary consents had been obtained.
They have submitted an appeal against the demolition order, saying: “We were delighted to acquire what we regarded as an ideal property for our home in the UK. We were, and remain, distraught that the ideal home which we thought we had purchased is now under threat of enforcement action. We have checked with our solicitor, who has confirmed that a local search certificate was obtained in connection with the purchase and that showed no entry indicating any problem whatsoever.
“Our solicitor obtained the building regulation approval together also with a building regulation completion certificate detailing 14 inspections of the property by the council.
“We completed the purchase of the property in good faith, relying upon the information supplied, and we hope you will accept that we are entirely innocent parties caught up in this dreadful situation. We are extremely upset and worried as to what is going to happen to our home.”
Martin Perks, of the Cotswolds planning department, said: “The completed dwelling bears little resemblance to the appearance of the original house or the approved scheme.
“The introduction of a large number of gables, most notably the large two-storey gable looking towards Chipping Campden, in combination with the detailing of the thatch, proportions of fenestration and external chimney stacks, give the dwelling a rather elaborate and overdetailed appearance.
“The design of the dwelling has variously been described as a Disney or Hollywood version of the Cotswold style. Its design has little in common with other thatched properties seen in the Westington area of Chipping Campden.”
Mr Rathbone declined to comment.
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The builder possibly knew what he was doing. He is the one who should foot the bill, and the solicitors should also pay out for not doing their work properly. They relied on very little evidence. a quick look at what was aproved and what was build should have told them there was a problem. I feel sorry for the couple but that isn't enough to allow this building to remain.
Mark Jones, Cardiff,
Having seen the property it appears the planners are ordering the un-authorised portion of the house to be demolished purely to frighten off others who may wish to ignore the relevant planning approvals. The house has been beautifully extended and the quality of workmanship looks beyond reproach. Surely the sensible solution would be to fine the builder a substantial sum of money to ensure that he was more careful with his next project. ie an amount equal to the differance between the value of the property he had permission for and the value of what he actually built.
For the council to demolish a substanial part of this house
would be sheer indictivness and achieve very little except a lot of heartache for the innocent parties. Lets hope common sense prevails!!
Mr G.W.King, Bourton on the Water, Glos
Knock the thing down, too often builders in search of profits ride with complete ignorance over planning laws, i feel sorry for the buyers but i would imagine the lawyers will see the builder paying them their money back, knock it down and let the builder have the rubble
Chris, Camberley, UK
A compromise would be for Mr Rathbone to rework the appearence of the house under the insruction /guidence of english heritage and the local conservation office
Peter Edwards, Oswestry, Shropshire
Let's hope that Cotswold Council chase Mr Rathbone for building the thing illegally rather than the innocent purchasers who did nothing wrong except spend nearly £2million on their fairy tale view of Cotswold life
Harvey Glenn, Nottm, UK
I would like to point out that Mr & Mrs Pies have not been told their house must be demolished, as the article states.
While the case officer's recommendation is to refuse, no decision has yet been made. Cotswold District Council's Planning Committee is to go on a site visit to consider the impact the property has on the Area of Outstanding Natural Beauty. The case will return to committee on June 27th.
Claire McGine
Press Office, Cotswold District Council
Claire McGine, Cirencester,
Clearly the lawyers are going to have a good time on this one. The unhappy purchasers will no doubt claim against their solicitor, the vendor and his solicitor for misrepresention, and the council in respect of any certificates issued. also why does the whole house have to be demolished as opposed to that part that is unauthorised. Whatever the eventual result this case will no doubt warn and inform future generations of law students.
simon, london,
It is a common misundertanding to equate building regulation approval (i.e. that things such as supporting lintels won't fall down, and that fire doors are to the requisite rating) with planning permission and listed building consent.
They are wholly unrelated. The grant of planning permission and listed building consent does not obviate the need for building regulation approval, nor (and this is where confusion arises) does the fact that building regulation approval has been given mean that the building works are impliedly given planning permission and listed building consent.
Both the vendor and the purchasers' solicitor are at risk ...
Shaka, London,
Do not jump to conclusions. Inspections and subsequent completion notices are carried out by Council Building Inspectors or the NHBC. Planners issue planning permissions, they do not oversee the actual construction. It may well be the case that he built 'hoping to get away with it' and as is usually the case, the planners were informed and caught up with him. I know as I am a planner and people try it on all the time.
Jonathan Lee, Gravesend, UK
Good argument for all houses having HIPS wouldn't you say? Or just sue the Estate Agent who sold it to them,or the solicitor who handled the converyancing, as they were both obviously totally incompetent.
eric campbell, harrogate, uk
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