Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

An apology for absence was received from Cllr Jonathon Seed, who was substituted by Cllr Mike Sankey.

To approve and sign as a correct record the minutes of the meeting held on 8 May 2024.

Please note: these will follow as an Agenda Supplement.

The minutes of the meeting held on 8 May 2024 were presented for consideration, and it was,

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 8 May 2024.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations.

To receive any announcements through the Chair.

There were no specifc announcements.

The Council welcomes contributions from members of the public.

Statements

Members of the public who wish to speak either in favour or against an application or any other item on this agenda are asked to register no later than 10 minutes before the start of the meeting. If it is on the day of the meeting registration should be done in person.

The rules on public participation in respect of planning applications are linked to in the Council’s Planning Code of Good Practice. The Chairman will allow up to 3 speakers in favour and up to 3 speakers against an application, and up to 3 speakers on any other item on this agenda. Each speaker will be given up to 3 minutes and invited to speak immediately prior to the item being considered.

Members of the public and others will have had the opportunity to make representations on planning applications and other items on the agenda, and to contact and lobby their local elected member and any other members of the planning committee, prior to the meeting.

Those circulating such information prior to the meeting, written or photographic, are advised to also provide a copy to the case officer for the application or item, in order to officially log the material as a representation, which will be verbally summarised at the meeting by the relevant officer, not included within any officer slide presentation if one is made. Circulation of new information which has not been verified by planning officers or case officers is also not permitted during the meetings.

Questions

To receive any questions from members of the public or members of the Council received in accordance with the constitution which excludes, in particular, questions on non-determined planning applications.

Those wishing to ask questions are required to give notice of any such questions in writing to the officer named on the front of this agenda no later than 5pm on Wednesday 29 May 2024 in order to be guaranteed of a written response. In order to receive a verbal response, questions must be submitted no later than 5pm on Friday 31 May 2024. Please contact the officer named on the front of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Committee members prior to the meeting and made available at the meeting and on the Council’s website.

The rules on public participation was noted.

To receive details of completed and pending appeals and other updates as appropriate.

Planning Appeals

The Planning Appeals update report was received. Attention was drawn to application PL/2023/00859 at Elmleaze Farm, Keevil, change of use of a 2 bed holiday let to a dwelling, which was permitted on appeal for temporary personal permission.

Resolved:

To note the Planning Appeals update report.

Planning Update

A report was then presented by Kenny Green, Area Development Team Leader, regarding application PL/2021/09777 at Star Ground, Station Road, Holt. At its last meeting the Committee had requested an update regarding the consented application for ten affordable rental dwellings. This was in relation to the council’s Allocations Policy, with the provider required to advertise the properties via the councils choice based lettings scheme, Homes4Wiltshire.

Details were provided as set out in the report in relation to the s.106 agreement, and discussions between officers and the provider, regarding the site being a rural exception site and that applications must have a local connection to the parish.

Cllr Trevor Carbin, as the local member, welcomed the update, noting concerns that the policy was not being adhered to appropriately. It was then,

Resolved:

To note the update.

To consider the evidence submitted regarding an application made under Sections 15(1) and (2) of the Commons Act 2006, to register land known as Northfield Playing Field, Winsley, as a Town or Village Green (TVG) (Application no.2021/01TVG), in order to determine the application.

Public Participation

Murali Bandaru spoke in objection to the application to register a town or village green.

Duncan Sparrowhawk spoke in support of the application to register a town or village green.

John Strike spoke in support of the application to register a town or village green.

Kerry Kemp spoke in support of the application to register a town or village green.

Cllr Linda Ladner, Winsley Parish Council, spoke in support of the application to register a town or village green.

Janice Green, Senior Definitive Map Officer, introduced the report on the application to register a town or village green at Northfield Playing Field, Winsley under Sections 15(1) and (2) of the Commons Act 2006. It was recommended that the council as the Commons Registration Authority (CRA), appoint an independent Inspector to preside over a non-statutory public inquiry to consider the evidence and to produce an advisory report and recommendation on determination of the application, to the CRA.

Details were provided of the location and description of the application site, the legislative requirements for registration of a town or village green, the history of the application submitted by Winsley Parish Council, the parties providing evidence in support of the application and the objections which had been submitted.

The process for determination of the application in a manner fair and reasonable to all parties was set out, along with an explanation of planning trigger and terminating events which the Planning Authorities had confirmed were not a consideration in this case. Other matters set out included the identification of the relevant locality or neighbourhood within a locality required for the application under the legislation, and the extent of registered highway land which, if the application were approved, would need to be excluded from the registration. It was emphasised that evidence was key in these cases and in order for an application to be successful, each part of the legal test set out at sub-section 15(2) of the Commons Act 2006 must be satisfied. The burden of proof lay with the Applicant and the standard of proof would be the balance of probabilities.

The grounds for objection as set out in the report were also summarised, along with the requirement to follow procedures according with principles of natural justice, and to provide legally valid reasons supported by evidence in the event the application were to be determined at the meeting as opposed to establishing a non-statutory inquiry to further test the evidence on both sides.

Members of the Committee then had the opportunity ask technical questions of the officer. Details were sought on the circumstances in which a non-statutory inquiry would be considered appropriate. Clarity was sought on the reasons for objection which had been submitted, with a judgement to be made as to whether these amounted to a serious dispute of fact. Questions were raised as to the definition of a neighbourhood within a locality which had been identified within the registration application. Information was also sought on historic holding of the  ...  view the full minutes text for item 38.

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency.

There were no urgent items.