Future of Wigan's Haigh Hall now being considered in court

A two-week remote hearing began this week at the Business and Property Courts in Manchester involving Wigan Council and Scullindale Global Limited.

The firm leased the building from the local authority to convert it into Haigh Hall Hotel, a four-star boutique hotel and wedding venue.

But council bosses became concerned about the work taking place at the hall and that conditions of the planning consent were not being met, including allowing access to the grounds for members of the public.

They decided to use a break clause in the contract in 2019 when the issues could not be resolved and ordered the firm to leave.

Skullindale disputes that planning conditions were breached and says the decision to use the break clause cost it nearly £1.8m.

It also claimed there were “obstacles” along the way, including the turnover of building control officers and the “excessive” public use of the land.

The hearing began with Martin Hutchings QC, representing the council, going through the conditions attached to both planning permission and listed building consent.

These included submitting details to the council before certain work could take place, such as on the rooftop and detached garage, replacing or repairing doors and windows, installing a sculpture, lighting, landscaping, and work to the car park and driveway.

Another agreement made was that access to the site by the public would be allowed until an alternative route was provided.

Mr Hutchings QC went through correspondence between council officers and staff at the hotel providing updates on these conditions over time.

Some had been fulfilled and could be discharged, but others had not, including some conditions where the work had not yet started so written information had not been submitted.

One area where there was a “stalemate” was planting on an embankment outside the hotel, where the firm wanted to use colourful flowers to welcome visitors but the council had specified certain plants that could go there.

Pink granite used on a car park was considered to be “unsightly”.

A new access route had not been surfaced to make it suitable for people with wheelchairs and buggies and there were issues with gates being closed.

Problems were also highlighted by the fire authority in 2018, which issued a prohibition notice banning residents staying above ground floor in the hotel due to fire safety concerns.

Mr Hutchings QC told the court there were no concerns with the standard of work done to the hall and it was expected to be “restored to its full glory when finished”.

Andrew Latimer, defending, said the lease between the council and Skullindale was “badly worded” and questioned whether the break notice could be issued again in future.

He said the firm met milestones in the agreement as it was operating as a four-star hotel and highlighted that written information had not been submitted for some planning conditions as work was not taking place.

Mr Latimer suggested there were “obstacles” in the way of the firm, including the “sheer number of building control officers” and the turnover of staff, which he claimed slowed down the process.

He also said the council had not highlighted that some land was contaminated with a form of mould to such an extent that it had to be destroyed by burning or burial.

Mr Latimer said the council knew the “strength of feeling” towards Haigh Hall and that getting involved with the private sector could be “controversial”, but this led to difficulties for Skullindale. Among these were access to the site.

He said: “The picnic site had only been completed shortly before lockdown and was closed for that. But the important point is that the picnic site was to provide an attraction so people didn’t use the lawns outside Haigh Hall. The point is that wasn’t being done until 2019/2020 time and in the meantime Haigh Hall had to make do with the public coming down in quite considerable numbers,

“Another problem Haigh Hall had was the attitude of some visitors. I emphasise some because some people simply enjoyed a day out at Haigh Hall, but there were some individuals who wouldn’t politely move on, who took the view that they had a stake in Haigh Hall and weren’t prepared to move.

“There was evidence of barricades put up that showed the strength of feeling amongst some members of the public in relation to the development.”

Mr Latimer said Skullindale had to refund £66,542 when customers decided to cancel their bookings after hearing about the break clause and a further £1,730,827 was lost in the profit it would have made through weddings.

Proceeding.

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