A RESIDENT of the Hayes Point development in Sully says he is considering taking legal action after the Vale Council approved the construction of 23 residential buildings close to protected woodland near his home.
The decision to allow the building of the dwellings on 1.92 hectares of land on the junction of Hayeswood Road and Hayes Road was rubber stamped during a meeting of the Vale Council’s Planning Committee on 21st May.
Concerns were raised during the meeting about the impact the new homes would have on the woodlands between the road and the existing Hayes Point development, where around 550 residents live in converted apartments in the former Sully Hospital building.
Following the meeting, Hayes Point resident Ed Stradling said he has had discussions with a solicitor and is considering his options. Mr Stradling said: “I accept that we need more houses in the Vale, and I have no objection to the five buildings to the north side of the proposed development, nor to the two small buildings to the north-west, but almost all of the dwellings to the south and east are in direct breach of the Vale Council’s own planning guidelines.
“Part of the Hayes Point woodlands are designated as ‘ancient woodlands’ and parts are also subject to a Woodland Tree Preservation Order [TPO], which means that all of the trees within the area are protected.
“Woodland of this kind, and the habitat where it adjoins the grassland is highly sensitive and without suitable buffer zones, is susceptible to significant damage throughout the development.
“There are several mature trees outside of the TPO area, including one mature tree of at least 75 years of age. The construction of one of the proposed buildings would almost certainly destroy the root system of this tree.
“The Vale Council’s planning guidelines specify that an ‘ecotone’ transitional area of at least 15 metres must be observed between trees at the edge of the woodland, and any ‘new landscaping’. This includes buildings, roads, pathways, and new garden areas. The woodlands don’t need to be classified as ‘ancient woodland’ or subject to a TPO for it to apply.
“Therefore, any road, pathway, building or garden area needs to be 15 metres from the edge of the woodland. The Vale Council may argue that, as long as the new landscaping is 15 metres away from the ‘ancient woodland’ border, then it’s eligible, irrespective of their own guidelines, and regardless of the destructive impact it will undoubtedly have on trees outside of the ancient woodland or TPO designation, including trees that are between 75 and 100 years old.
“The new landscaping on the south and east side of the proposed development clearly encroaches into the 15-metre ecotone, and is therefore illegal.
“The woodland lies to the south of the proposed properties, and would doubtless deprive these homes of natural light until the very late afternoon. So there’s a real risk that there’ll be increased pressure from residents for heavy pruning or removal of these trees, and there’s a significant risk that residents will take it upon themselves to damage trees in pursuit of increased light, which Hayes Point management could not prevent them from doing without implementing unaffordable security measures.”
Mr Stradling says that his solicitor believes he has a strong case, and that he may consider applying for a judicial review, either as an individual or in conjunction with the Hayes Point management company.
Cllr Amelia Collins (Plaid Cymru, Castleland) is not a member of the Planning Committee, but she addressed the meeting as a councillor for the affected area. Cllr Collins expressed concerns about the impact of the development on the ancient woodland, and she also questioned whether the necessary community infrastructure was in place: “While I understand the need for housing in the Vale and support the building of it, I’m not convinced this is the right site.
“There is no real infrastructure to support a growing community. You know that the Bendricks is a unique part of Barry on the south side of the docks with housing alongside an industrial estate. As the docks is a private road, it’s not officially open to pedestrians.
“The nearest train station is Cadoxton, which is a three mile walk away. According to the current timetable, buses don’t run in the area for a three-hour period in the afternoon and do not run at all on a Sunday. Medical services are also a fair distance away in Sully, with a veterinary centre on Cardiff Road being nearer than any GP or dentist.
“Many residents in the area have also asked me why these facilities aren’t there and are not planned. There is no shop and no community gathering place…without these services, it will be impossible to have any real sort of community feel to the area, and without proper access to public transport, this will be another car-dominated new estate without facilities,” she said.
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Andrew Freegard, operational manager for Housing Development at the Vale Council defended the controversial application. He told the meeting: “Regular bus services are available at Hayes Point and Bendricks that would provide access to services within the wider area.
“The development will also generate substantial financial contributions towards improving sustainable transport, as well as wider community benefits including education provision, public open space, and local facilities as directed by officers.
“Concerns around noise and ecology have been considered, and are approved by the council’s consultees, and they raise no objections, subject to the standard conditions.
“Impacts on the ancient woodland are avoided through thoughtful design, including a buffer of native planting to enhance biodiversity. This is clearly demonstrated in the tree protection plan and the landscaping plans that are accompanying the application.
“In summary, this is a much-needed, well-designed council housing scheme in a sustainable location, meeting a clearly evidenced housing need and supported by the council’s officers.”
Following the debate, a vote was taken, where the motion passed, with eight members voting for and five voting against the proposals.
By Marcus Stead – News Reporter
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