Post Permission

Events After Planning Permission Had Been Granted

On Saturday 26th July, 2014, the demolition of the garage of 9 Willowbrook was commenced. The Enforcement Officer of Wiltshire Council described the work as being ‘unauthorised.‘ The Team Leader of the Wiltshire Council Planning Department (who was supervisor to the ‘in-house’ Solicitor) was ‘asked‘ in advance that residents should be told if an application was made to carry out such work as planning permission was needed. The inference was that there were strong suspicions that this was likely to occur and representations would be made that the garage would shield dust and debris, noise and obscure the view of the development.
A correction about the result was given to me on 14th April, 2016. (I suggest as the result of sending the Council a copy of my draft website)  This stated, “This was investigated at the time and the planning officer who dealt with the applications on the site was of the opinion that had an application been submitted to demolish the garage, it would likely have been approved. As such it was not expedient to take formal enforcement action.”
I submit that this is another example of the Council’s ‘Premature Adjudication’ and a variation of ‘would have been granted in any case.’
During that same week the centre section of a previously completed patio was cut out and re-paved by the care home’s in-house handyman. An angle grinder was used during the week. This also followed my report to Wiltshire Council and noise reverberated throughout my property at the same time windows and walls were shaking as 8 Willowbrook was demolished.
> The Local Conservative Councillor stated the (unauthorised) demolished garage was to be re-built had indicated that its demolition was because it was unsafe. The garage was built in 1986. She later stated that the care home owner had a change of plan and to date the garage has not been re-built. A photograph on this website shows how easy it would be to further develop 9 Willowbrook and failure to re-build the garage does nothing to allay these fears.
There is a certain irony that whilst the care home’s Planning Agent was giving assurance that the garage would be ‘made good’ and ‘enhance the sense of space for the closest neighbour,’ as, by my return from India on 13th March, 2013 it was openly being spoken about that 9 Willowbrook was to be sold and its probable purchaser. Without the purchase of 9 Willowbrook I find it hard to envisage where building preparatory work would have been done or where materials would have been stored.
The owner of the care home said in an interview with the local Swindon in newspaper in August 2014 that 6 rooms would be built when permission had only been applied for and granted for 5. There was also no mention on the plans but the owner was happy to say that bariatric rooms, cinema room, new hairdresser 24 hour café and ‘new state of the art’ bathroom had been built.  The Area Team Leader of the Planning Department was happy to say that, “the exact number of rooms to be constructed is not in and of itself material to the determination of this application.” ( views of the Ethical Governance Officer are dealt with in the section Wiltshire County Council Complaints Department)
This is apparently a much bigger development than what was ‘sold‘ to us. The care home’s Planning Agent indicated that 5 bedrooms were to be built. The plan appears to indicate a similar number of utility rooms. Wiltshire Council would have difficulty arguing their 9 funded residents will not use these facilities in the annexe.
> No account was apparently taken of the calculation of 9,Willowbrook, being used as an annexe to an annexe to an annexe and that resident carers would be living in the property. Local County Councillor indicated that 9 Willowbrook was, ‘Completely separate from the Nursing Home and is to provide accommodation for disabled residents (potentially up to 2) to be able to enjoy independent living with provision of 24/7 carer within the bungalow’ The Restrictive Covenants relating to Willowbrook stipulate that houses should not be used for any other purpose other than private residential purposes in the occupancy of one family.
> In respect of the new tenants of 9 Willowbrook, the estate agents handling the letting state, “Tenants at the property are able to take advantage of the services available through the carehome sure(sic) they require, at an additional cost.”
9 Willowbrook has been structurally adapted for the disabled as can be seen on photographs advertising the property for rent. Wiltshire Council will not say whether they or any other body are funding the property.
> The Team Leader of Wiltshire County Council’s Planning Department’s was asked why no condition restricting hours/days which work could be carried out. (although suggested by the Town and Country planner) This is called a ‘Construction Method Statement’
“Such conditions are rarely used and rarely necessary, they are generally only appropriate to major development of a very significant scale or in locations that are especially sensitive or subject to constraints. Whilst you are clearly of the opinion that the location is extremely sensitive to disturbance from construction activity this relatively limited extension of an existing development within an established residential area is the type of development that takes place throughout the country on a daily basis. Indeed many extensions to existing properties and developments are covered by permitted development rights and can be undertaken without the need for permission and certainly not subject to restrictive conditions. Requiring construction method statements and limiting the hours of operation significantly is not considered necessary or appropriate in the majority of development circumstances. You should also note that limiting the hours of operation significantly would have the effect of prolonging the total period of construction for the development.”
In a case of so many coincidences and ironies, a ‘Construction Method Statement‘ restricting deliveries and use of Willowbrook on the 2016 planning application has been recommended by the County Councillor, this being an infinitely smaller development. The views of the Ethical Governance Officer are dealt with in a later section.
(‘I strenuously disagree that the 2013/15 development could in any way be described as relatively limited.’ This was anything but a porch or conservatory extension and photographs on the website will show this.)
The prolonging the period of construction is totally misleading and before receiving this specific reply I had told Wiltshire Council that the number of builders visiting on a specific day was governed by work commitments and priorities. On some days as few as four builders would attend making his comment somewhat misleading. The Local Conservative County Councillor also told me this and in an email to me stated there would be the , ‘Creation of a car park to the frontage of No. 9 – this I am told is a temporary arrangement to ensure builders can be off the road and not encroach on the existing residents parking areas in the close.  This will be removed at the end of the build and the lawn will be returfed (sic).’
The repeated loud banging of up to 14 vehicle doors, some in close proximity to your home I would invite you to imagine. Assurances were given about there being ample parking at the care home, in Station Road and at the Working Men’s club. At least one neighbour was told by someone concerned in managing the home that the home’s employee’s cars would not park in Willowbrook. This was not the case (until the recent planning application was made).