Agenda item

Formation of field track (part retrospective).

Public Participation

• Mr Simon Chambers spoke in support of the application

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, for the formation of field track (part retrospective).

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

It was clarified that the report was meant, on page 199 of the agenda in section 10, to state the proposal as “acceptable” and not “unacceptable”.

The local member, Cllr Elizabeth Threlfall, also spoke to the application.

Councillors appreciated the concerns raised by affected parties, whilst also considering that the Committee should not focus too far into the future.

During debate, a motion to refuse was proposed by Cllr Elizabeth Threlfall and seconded by Cllr Ashley O’Neil.

Following a vote, the motion failed.

A motion to approve was then proposed by Cllr Chuck Berry and seconded by Cllr Steve Bucknell, following which it was:

Resolved

To approve the application planning permission subject to the following conditions:

1. The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

LPC 5661 EX 01 - Site Location Plan. Received on 24 July 2023.

LPC 5661 EX 02. Site Plan. Received on 24 July 2023.

REASON: For the avoidance of doubt and in the interests of proper planning.

2. The development will be carried out in strict accordance with the guidance and recommendation of the following documents:

• Ecological Mitigation and Enhancement Strategy. June 2024. LPC

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity.

3. All soft landscaping comprised in the approved planting plan shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

REASON: To ensure a satisfactory landscaped setting for the development and for the protection, mitigation and enhancement of biodiversity.

4. The field track hereby permitted shall not be used for any other purposes other than agriculture.

REASON: In the interests of highway safety.

INFORMATIVES (2)

The applicant should note that no works should be undertaken to disturb the surface of public footpath PURT133 without prior consultation with the Rights of way Countryside Access Officer (CAO). Where appropriate any safety/mitigation/reinstatement measures must be approved by the CAO. It is an offence under section 131A of the Highways Act 1980 to disturb the surface of a public right of way without lawful authority to do so. The Highway Authority have the power to take enforcement action as necessary. The applicant should note that it is a criminal offence to obstruct a public right of way under section 137 of the highways Act 1980 and therefore no materials, plant, temporary structures or excavations of any kind should be deposited / undertaken which obstruct or adversely affect the public right of way PURT133 whilst development takes place, without prior consultation with, and the further permission of, the highways authority at Wiltshire Council.