Agenda item

To consider the 13 representation and 4 objections to The Wiltshire Council Parish of Westbury 29 and Dilton Marsh 20 Definitive Map and Statement Modification Order 2021 and The Wiltshire Council Parish of Westbury 28 and Dilton Marsh 19 Definitive Map and Statement Modification Order 2021.

Public Participation

Mr Francis Morland, local resident, spoke in objection to the application.

Mr Rob Taylor, applicant, spoke in support of the application.

Cllr Gordon King, on behalf of Westbury Town Council, spoke in objection to the application.

Ali Roberts, Definitive Map Officer, introduced the report which recommended that the Committee forward the application to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed as made.

Reference was made to the presentation slides (Agenda Supplement 1) and officers explained that the application was made in the interests of the landowner and proposed a diversion to the footpaths away from Dilton Vale Farm as there were five rights of way in total culminating in the garden of the dwelling, passing in close proximity to both sides of the home in touching distance of the windows. Officers explained that the applicants were proposing the diversions to allow an opportunity for increased privacy and security for the family home. The proposed new routes were explained with supporting photographs and maps. The tests to make an order to divert and the tests to confirm an order to divert were then detailed.

Members of the Committee were given the opportunity to ask technical questions to the officer. The main points of focus included: the length of the proposed diversions, proximity to other dwellings and any Council costs in the event an inquiry was held.

Officers confirmed that the rights of way had not changed in the 11 years since the applicant had moved into the property, the diversions added a few extra minutes onto the routes and that there would be no additional costs if an inquiry were to be held.

Members of the public, as detailed above, had the opportunity to address the Committee and speak on the application. In response to points raised during the statements, officers reiterated that the dwelling was very isolated, and the applicant and his family held genuine concerns for the safety, security and privacy of their family home.

Local Unitary Member, Cllr Suzanne Wickham, addressed the Committee and detailed her support for the application stating that she had walked the existing routes and had felt uncomfortable with the proximity to the dwelling. It was also noted that she had also walked the proposed routes and found them to be easy and offered better views of the house. Cllr Wickham then moved to forward the application to the Secretary of State for Environment, Food and Rural Affairs with the recommendation that it be confirmed as made, which Cllr Antonio Piazza seconded.

During the debate Members discussed increases in rural crime; the principle of recommending approval for applications in the interest of the land-owner; the proximity of the rights of way to Honey Lane; and any businesses such as wedding venue hire associated with the property which officers confirmed there were not. Officers further confirmed that the majority of representations of support received stated that they were walkers who were in favour of the diversion. Following from this, Members discussed the lack of information that they felt was relevant, such as addresses, attached to the representations and as such it was unclear where the members of public making representations lived. The Chairman asked that in future the Rights of Way team consider changing their procedures to establish this information ahead of any Committee meetings.

At the conclusion of the debate a vote was taken on the motion to forward the application to the Secretary of State for Environment, Food and Rural Affairs with the recommendation that it be confirmed as made.

Following which, it was:

Resolved

The Committee resolved that the Wiltshire Council Parish of Westbury 29 and Dilton Marsh 20 Definitive Map and Statement Modification Order 2021 and the Wiltshire Council Parish of Westbury 28 and Dilton Marsh 19 Definitive Map and Statement Modification Order 2021 be forwarded to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed as made.

Cllr Ernie Clark requested that his vote against the motion be recorded.