Clifton Street School, which, possibly confusingly, is actually in Radnor Street, was built in 1884, and extended and remodelled in 1950.
It celebrated its centenary just three years before being closed with its pupils moving to Robert Le Kyng Primary in Westcott Street.
After closing it was used for commercial purposes, most recently as the offices of high tech communications company Swindon Silicone Systems, before Sukhvir Mander bought it.
He began the partial demolition of the building, which was stopped when in June 2018 an application for retrospective permission for that was refused by Euclid Street planners.
Mr Mander then applied for permission to continue with the partial demolition and to build the flats in December last year, which was refused in March, after which he lodged his unsuccessful appeal.
A court hearing is expected soon for the order the council has made to restore the partially demolished building.
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