Agenda and draft minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from:

Cllr Rich Rogers

To approve and sign as a correct record the minutes of the meeting held on

The minutes of the meeting held on Thursday 14 December 2023 were presented.

Resolved:

To approve as a correct record and sign the minutes.

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.

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 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.

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 Thursday 4 January 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 Monday 8 January 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.

To consider three duly made objections to the above Order to record a width in the definitive map and statement for byway open to all traffic Winterslow 94 (Back Drove).

Recommendation:

That Wiltshire Council supports the confirmation of the Order when, in the event the objections are not withdrawn, the Order is submitted to the Secretary of State for Environment, Food and Rural Affairs for determination.

Public Participation

There were no registered speakers.

The Definitive Map & Highways Records Manager, Sally Madgwick presented the report on the Rights of Way Modification Order, relating to Winterslow path no. 94 (WSLO94) Back Drove.

The Order had been made to record a width in the definitive map and statement for WSLO94 (Back Drove), byway open to all traffic.

WSLO94, Back Drove, was previously recorded in the Salisbury and Wilton Definitive Map and Statement dated 1952 as a bridleway with a recorded width of 10 feet. It was reclassified as a byway open to all traffic (BOAT) at the Second and Special Review in 1972.

Despite supporting a greater width at the inquiry in 1982, Wiltshire Council had not specifically proposed a definitive statement change to the width at the Second and Special Review and the Inspector found against the Council and other objectors on this point. The recording of the status of the route as a BOAT had not been objected to at that time and has not been objected to with this Order.

Recording of WSLO94 Back Drove had been unchanged for the definitive map and statement date 1972 and since 1929 for the highway record. 

It was explained that the Inland Revenue’s Finance Act 1909/1910 records were considered as new evidence along with additional evidence relating to Sales Particulars from the early 20th century.

The case officer’s report considered both new evidence and previously considered evidence for the purpose of deciding whether, on the balance of probability, a public right existed over a width greater than 10 feet.

The Order had generated three objections. It was explained that as the objections had not been withdrawn, the Order must come to the Committee for consideration, before sending to the Secretary of State for Environment, Food and Rural Affairs (DEFRA) through its offices of The Planning Inspectorate (PINS) for determination.

In making the Order plan, officers were entitled by law to use a scale up to 1:25000 but the more detailed scale of 1:2500 was used to reflect the plan used by the Inland Revenue for their Finance Act 1909/1910 process.

It was proposed that The Wiltshire Council Winterslow Path No. 94 Rights of Way Modification Order 2023 was submitted to the Secretary of State for

Environment, Food and Rural Affairs with the recommendation that it be

confirmed as made.

Members then had the opportunity to ask technical questions of the Officer. It was noted that the objections were not legally substantive and had arisen due to residents’ anxieties around a possible increase in traffic should the council decide to make road improvements at a later date. One of the objectors represented a number of properties which had encroached on to the road with fencing and planting etc. The Officer noted that the council did not plan to carry out any enforcements along the highway at this time, however the benefit of having the Order made would be to control future encroachment or unauthorised development.

There were 2  ...  view the full minutes text for item 6.

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