Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were receved from Councillors James Sheppard and Paul Oatway QPM.

Councillor Sheppard was substituted by Councillor Anna Cuthbert.

To approve and sign as a correct record the minutes of the meeting held on 15 June 2017.

The minutes of the meeting held on 15 June 2017 were presented for consideration and it was,

Resolved:

To approve and sign as a true and correct record.

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 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 by phone, email or in person no later than 2.50pm on the day of the meeting.

The rules on public participation in respect of planning applications are detailed 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 28 September 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 2 October 2017. 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 were noted.

Public Participation

Carol Talbot, Headteacher, Urchfont Primary School, spoke in objection to the Order

Roy Hickey spoke in objection to the Order.

Martin Kemp representing the Diocese of Salisbury, spoke in objection to the Order.

Malcolm Smith spoke in support of the Order.

Trevor Hill spoke in support of the Order.

Sue Giddings spoke in support of the Order.

Cllr Bill Donald, Urchfont Parish council, spoke in support of the Order.

A report was presented by Richard Broadhead, Rights of Way and Countryside Manager, outlining the Wiltshire Council (Parish of Urchfont) Path No.51 Definitive Map and Statement Modification Order 2015, and the recommendation to forward the Order to the Secretary of State for Environment, Food and Rural Affairs for confirmation. As objections had been received to the Order, the council was required to send the order to the Secretary of State for determination, and it could recommend the order be confirmed as made, not confirmed, or be confirmed with modification, after considering all evidence that had been submitted within the statutory consultation period.

The history of the order application was detailed, outlining the application from Urchfont Parish Council, the route claimed which included a section through the grounds of Urchfont Primary School and the number and content of objections and supporting statements and evidence. Attention was drawn to two objections, one of which had not been included with the list of evidence but which had been submitted within the proper timescales, and which would be included with the evidence sent to the Secretary of State. The second piece of evidence had not been submitted within appropriate timescales and advice was being sought as to whether this piece of evidence should also be included with the evidence to be sent to the Secretary of State.

The Committee were also reminded of the legal tests for confirmation of a public right of way, in particular the need to demonstrate, on a balance of probabilities, that the claimed route had been used without force, without secrecy, without permission and without interruption over a period of 20 years. It was noted that the claimed route passed through the grounds of the primary school and many safeguarding concerns had been raised by objectors, however it was established the Wildlife and Countryside Act 1981 did not permit safeguarding considerations to be taken into account when determining whether a claimed public right of way met the required legal tests, though discussions were ongoing on possible mitigating measures should the Order be confirmed.

The Committee then had the opportunity to ask technical questions of the officer. Details were sought on evidence submitted regarding the route being utilised prior to construction of the primary school in 1974.

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

The local Division Member, Councillor Phillip Whitehead, then spoke regarding the Order, detailing that due to living close to the site he had not been involved in any formal discussions or submissions regarding the  ...  view the full minutes text for item 45.

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.