Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Cllr Ian Blair-Pilling who was substituted by Cllr Jerry Knuckler.

Apologies were also received from Cllr Richard Gamble.

To approve and sign as a correct record the minutes of the meeting held on 31 January 2019.

The minutes of the meeting held on 31 January 2019 were presented for consideration, and it was:

Resolved:

To approve and sign as a true and correct record the minutes of the meeting held on 31 January 2019.

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

There were no declarations of interest.

To receive any announcements through the Chair.

There were no announcements from 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 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 21 March 2019 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 25 March 2019. 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.

As there were no members of the public registered to speak that Chairman did not note the rules on public participation.

To consider and determine the following items:

The following item was considered.

To recommend that the Order be abandoned and withdrawn from consideration by the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) as the Order no longer meets the legal tests for confirmation.

There was no public participation.

Craig Harlow, Assistant Rights of Way Warden, introduced a report which recommended that The Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018, be abandoned and withdrawn from consideration by the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA) as the Order no longer meets the legal tests for confirmation.

The Order was to divert public footpath 30 over land at Salisbury Road, Marlborough. The footpath required diverting in conjunction with planning applications 15/02026/OUT and 17/03219/REM.

The application would have diverted 65 metres of path to a new route with an approximate length of 75 metres. The Order was to be diverted so that it would not pass through parking bays and a private garden. As planning permission had been granted by Wiltshire Council it was therefore necessary to divert the public footpath to enable the permitted development to proceed. An Order was made to divert the path and for the diversion to be recorded in the definitive map and statement. This was duly advertised and 6 objections were received.

Last year on 1 November, the Order was considered at a meeting of the Eastern Area Planning Committee and members resolved to forward the Order to SoSEFRA with a recommendation to confirm the Order without modification.

On 30 November 2018 the applicant submitted an application for a non-material amendment (NMA) for the development site which would allow the footpath to remain on its current alignment and not require a diversion. This was approved on 14 December 2018.

The applicant confirmed on 16 January 2019 to officers that they wish to withdraw the Marlborough 30 Diversion Order from consideration as footpath MARL30 is capable of remaining on its current alignment. Hence the recommendation to EAPC that the Order be abandoned.

Cllr Nick Fogg MBE proposed that “The Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018” be withdrawn from consideration by the Secretary of State for Environment, Food and Rural Affairs and the Order be abandoned. This proposal was seconded by Cllr Stewart Dobson.

Cllr Stewart Dobson stated that a request had been made by the local council to change the mix of housing in the applicants development, which they agreed to. However this meant that the footpath needed to be diverted. He had been concerned on hearing that the applicant wished the footpath to stay on its current alignment that the new mix of housing was being abandoned. However, Cllr Dobson was reassured that this was not the case and that the applicant had redesigned the parking bays and gardens to accommodate the current alignment.

At the conclusion of the debate it was:

Resolved:

That “The Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018” be withdrawn from consideration by the Secretary of State for Environment, Food and Rural Affairs and the Order be abandoned.

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.