Venue: Ceres Hall - The Corn Exchange, Market Place, Devizes, SN10 1HS. View directions
Contact: Stuart Figini Email: email@example.com
To receive any apologies or substitutions for the meeting.
Apologies were received from Cllr Sam Pearce-Kearney, Cllr Kelvin Nash and Cllr Stuart Wheeler. Cllr Kelvin Nash was substituted by Cllr Dominic Muns for this meeting.
Minutes of the Previous Meeting
To approve and sign as a correct record the minutes of the meeting held on 20 April 2023.
The minutes of the meeting held on 20 April 2023 were presented for consideration.
To approve and sign the minutes as a true and correct record.
Declarations of Interest
To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.
Cllr Wallis declared an interest in relation to Item 6, in that he worked in the Department for Environment, Food, and Rural Affairs. The Secretary of State, who made the Order under the Wildlife and Countryside Act 1981 for Wiltshire Council to determine the application, was therefore, ultimately his employer. He clarified that his role in the Department for Environment Food and Rural Affairs had no connection with the department which dealt with Rights of Way matters, so he would still participate in the debate and vote on the application.
To receive any announcements through the Chair.
There were no Chairman’s announcements.
The Council welcomes contributions from members of the public.
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 will have had the opportunity to make representations on the planning applications and to contact and lobby their local member and any other members of the planning committee prior to the meeting. Lobbying once the debate has started at the meeting is not permitted, including the circulation of new information, written or photographic which have not been verified by planning officers.
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 Thursday 15 June 2023 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 Monday 19 June. 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.
There was no public participation.
Charlton St. Peter 2, 6 and Wilsford 5
To consider four objections to The Wiltshire Council Charlton St. Peter 2, 6 and Wilsford 5 Definitive Map and Statement Modification Order 2023 made under Section 53 of the Wildlife and Countryside Act 1981.
The Committee considered the report of the Director of Highways and Transport, as presented by Craig Harlow, Definitive Map Officer about Wiltshire Council Charlton St Peter 2, 6 and Wilsford 5 Definitive Map and Statement Modification Order 2023.
The Committee considered four objections to the Modification Order made under Section 53 of the Wildlife and Countryside Act 1981, as detailed in the report and were invited to forward the Order to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) with a recommendation that the Order is confirmed as made.
The Definitive Map Officer provided a comprehensive presentation which included detail about the application routes, Wiltshire Council’s duty, the legal tests, the Order plans, the evidence for CSTP6, CSTP2 (part) and WILS5, the effect of the Natural Environment and Rural Communities Act 2006, widths, comments on objections and the officer proposal.
In response to questions from the Committee the Chairman and Definitive Map Officer indicated that the existence of the A342 would likely limit the usability of the three routes, there were no representations from Wiltshire Council Highways, any costs in remodelling the paths where steps currently exist would be met by Wiltshire Council, confirmed that many Rights of Way users walked along the routes. The Committee also noted the options available to them in confirming the order.
The Committee heard from Cllr Paul Oatway, local member, who in thanking the Definitive Map Officer for the tremendous amount of work on the matter, expressed concerns about the proposals. He highlighted that the applicants for the modification order did not live in the locality, commented on the highway safety issues, and detailed the objections from local residents and businesses impacted by the modification order which included the loss of parking spaces and agricultural land.
So the Committee had something to debate, the Chairman proposed that support be given to the Definitive Map and Statement Modification Order confirmation for the reasons outlined in the officers recommendations.
A debate followed where Members explained that they sympathised with the views and comments of the local member, but they also took into account the documentary evidence detailed in the report, the relevant legal tests, the possibility of costs, matters relating to Judicial Review and other advice from the officer in coming to their decision. The Members highlighted significant road safety concerns in relation to CSTP6 and in particular the crossing point on a blind bend of the A342.
The motion to confirm the order as made went to a vote and failed, a subsequent vote on a motion to confirm the order with modifications was passed.
The Charlton St. Peter 2, 6 and Wilsford 5 Definitive Map and Statement Modification Order 2023 is confirmed with modifications. The order and plans to be amended to remove any modification of footpath Charlton St. Peter 6. The reasons for the modification being significant safety concerns related to any change of status of footpath 6 at its junction with the A.342.
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.