LVT/0009/04/13: Hayes Point, Sully
| Jurisdiction | England & Wales |
| Subject Matter | Section 27A |
| Applied Rules | Landlord and Tenant Act 1985 - Service Charges (amended point 124) |
| Year | 2014 |
| Court | Leasehold Valuation Tribunals |
| Judgement Number | LVT/0009/04/13 |
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Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0009/04/13
In the Matter of Hayes Point, Hayes Road, Sully, Vale of Glamorgan, CF64, 5YA.
In the matter of an Application under Section 27A and section 20C Landlord and Tenant Act 1985.
APPLICANTS Miss Sarah Gregory, Mr Martin Haven, Mr Peter Daughton, Mrs Jean West
and others
RESPONDENT Hayes Point (Sully) Ltd, Hayes Point Management Company Limited and
Surelane Limited c/o TMS, Pembroke House, Torquay Road, Preston
Paignton, Devon TQ3 2EZ.
TRIBUNAL Richard Payne LLB M Phil
Ruth Thomas MRICS
Roger Baynham FRICS
Upon hearing Miss Gregory, Mr Daughton, Mr Haven, Mrs West, Miss Matthews, Mrs Cummings and
Mrs Phillips for the A pplicants and Mr Jonathan Holmes, Miss Yasmin Miles of TMS and Mr Michael
Rowswell for the Respondent during a hearing at the Cardiff Civil Justice Centre between 17th – 20th
February 2014 inclusive.
DECISION
1. The development at Hayes Point was the subject of a previous decision of the Leasehold
Valuation Tribunal dated 20th of April 2012 in respect of case number LVT/CH/SC/32. This was a
very detailed decision that dealt with a wide range of issues and related to the service charges
for the years 2007, 2008, and 2009. Two m embers of the current panel sat upon the previous
case, the decision in which we shall refer to as “HP 1”. A copy of the HP 1 decision was included
in the Applicants’ bundle for this case. As a matter of law, this panel is not bound by the previous
decision however i t was apparent that a number of t he issues in the application before us now
and aired in the hearing directly related back to HP 1, and we have referred to and cited from HP
1 in italicised form where it is appropriate and convenient to do so.
2. By an application form dated 3 February 2011, the principal applicant Sarah Gregory applied for
a determination for the service charges for the years 2010 and 2011 but following a directions
hearing on December 5th 2013, it was decided that the current application would also deal with
the year 2012. There were a large number of applicants and their names are attached at
Appendix One to this decision.
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3. Hayes Point is a large residential development on the site of the former Sully Hospital situated
on the Vale of Glamorgan coast just outside Sully and within a couple of miles of the town of
Barry. There are three residential blocks, Woodlands, Courtlands and H eadlands. The
development is set within extensive attractive grounds with striking views across the Bristol
Channel from many of the Headlands apartments and from parts of the communal grounds. The
site was developed by the freeholder Galliard Developments (Sully) Limited and the residential
property management was initially carried out by Knights Lettings Ltd of Barry until the
31st December 2008. Since the 1st January 2009, the management of the site has been the
responsibility of Torbay Management Services Ltd (TMS).
4. Galliard Developments (Sully) Limited changed its name to Hayes Point (Sully) Limited in
August 2010 and as at the date of the application, the freeholder was Hayes Point (Sully)
Limited. However at the date of the hearing the freeholder was Surelane Limited, the change of
freehold ownership having taken place on the 19th December 2013. Although no documentary
evidence of this was available at the date of the hearing, it was provided subsequently.
Inspection on the 17th February 2014 and descriptions of development
5. The following is the description of the development from HP1; “Hayes Point is an exclusive large
scale residential conversion and new build development located on the Bristol Channel coast a t
Sully in the Vale of Glamorgan. The scheme is constructed on the site of the former Sully Hospital
and stands in substantial grounds of approximately 45 acres.
6. Hayes Point is approached from the main road via a pr ivate driveway through mature trees to
the main entry to the development and security entry barriers. Allocated visitor parking is
provided and a series of illuminated pathways and pavements lead through to the development.
7. The site is also shared with the local cricket club who have a clubhouse and green on the site.
There is a former gatehouse to the main entrance wh ich is now in separate ownership.
Externally there is .......the former mortuary building which has not been developed.
8. Externally the scheme provides extensive allocated car parking areas which lie to the west and
east of the main residential scheme, access to a cricket club house, tennis courts and large
expanses of grassed and landscaped garden areas. Smaller landscaped garden areas are found
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around the main buildings and courtyard areas to the development. There is a substantial
amount of natural woodland surrounding the site which is included within the freehold.
9. The scheme is residential and provides a range of apartments. There are 236 apartments in
total. Accommodation extends to 1,2 and 3 bed units of varying style and type over 3 and 4
floors plus a conversion of the former water tower to provide an unusual luxury duplex style
penthouse unit. Facilities on site include full 24 hour concierge, indoor heated swimming pool,
sauna, gymnasium and use of tennis courts and grounds.
10. The main new build sections are of traditional cavity construction with rendered elevations. The
majority of roofs are flat fibre glass finish. Window units are double glazed predominantly.
11. The development is constructed in three main sections known a s Woodlands, Courtlands and
Headlands. The Courtlands scheme is the conversion from the former Sully Hospital building
which is Grade II listed and lies central to the development. Woodlands is a new build section
lying on the northern side of the development and Headlands which is also new build and lies on
the southern coastal side of the site. All three buildings (a term which is used loosely for
descriptive purposes only) interconnect via a central communal access and corridor. There are
some apartments located outside of the main buildings, all single storey and constructed on a
courtyard design either side of the central Courtlands Building.
12. The principal entrance to the scheme is from the northern el evation to Woodlands. An entrance
foyer accesses the central reception corridor which links all 3 buildings and the concierge office
where most of the building management staff are based. A further corridor leads to the
communal meeting room and leisure suite.
13. The development can also be accessed from various door entry points around the scheme all
operated on a security fob system issued to residents. There are lift facilities to all floors with the
exception of one level within Courtlands.
14. The whole scheme offers individual residential accommodation of high specification within a
fully managed scheme in extensive grounds and coastal position. It is unique in its physical
context.
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