Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from:

·       Cllr Philip Whitehead, who attended in his capacity as a local member (substituted by Cllr Jerry Kunkler).

·       Cllr Tony Pickernell

·       Cllr Sam Pearce-Kearney

To approve and sign as a correct record the minutes of the meeting held on 23 February 2023.

On the proposal of the Vice-Chairman, seconded by Cllr Dr Mathew, it was:

Resolved

To approve the minutes of the previous meeting, held on 23 February 2023, as a true and correct record.

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

Cllr Wallis declared an additional interest in relation to Item 7, 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, so he would still participate in the debate and vote on the application.  

To receive any announcements through the Chairman.

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 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 13 April 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 17 April 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 Vice-Chairman detailed the procedure for the meeting and the procedures for public participation which were set out at Item 5 of the agenda.

To receive details of the completed and pending appeals, and any other updates as appropriate.

On the proposal of the Vice-Chairman, seconded by Cllr Wallis, it was:

Resolved

To note the report on completed and ending appeals.

To consider two objections and three representations relating to an Order to add two lengths of restricted byway and upgrade to restricted byway lengths of footpaths Ramsbury 9B and 44 and Mildenhall 16 to the definitive map and statement for the area.

Public Participation

·       Mr Alan Woodford – spoke in favour of the application

·       Mr Peter Gallagher (The Ramblers’ Association) – spoke in favour of the application

The Definitive Map and Highway Records Manager introduced a report recommending supporting confirmation of the Wiltshire Council Ramsbury 9b, 44, 71&72 and Mildenhall 16 Definitive Map and Statement Modification Order 2022. Under the proposals, the Order would be modified to correct the recording of the width of part of the route affecting Mildenhall path no.16 (points F to G on the Order plan).

The Manager outlined the background to the case, reporting that Wiltshire Council had received an application to modify the definitive map and statement in 2018. As they had not investigated within a year of receiving the application, they were directed by the Secretary of State for Environment Food and Rural Affairs to determine the application, which they did in April 2022. The Order was advertised in accordance with Schedule 15 of the 1981 Wildlife and Countryside Act (the Act).

The Manager explained that as objections had been received and the Order required modification, Wiltshire Council was required to send the Order to the Secretary of State for Environment, Food and Rural Affairs for determination. The legal test to be applied to confirm an Order is that it is shown on the balance of probability (i.e. it is more likely than not) that a public right subsists. She highlighted that there was a large volume of historical evidence dating back to 1717 and that all the available evidence had been included in the agenda pack. 

She also clarified that there was an error in the proposal as listed on page 24 of the agenda pack and that the date of the Order should be listed as 2022, rather than 2023.

The Committee were then invited to consider two objections and three representations made under Section 53 of the Act to the Definitive Map Statement and Modification Order, as detailed in the report. They were asked to decide whether to support, or object to the Order when it was sent to the Secretary of State.

Members of the Committee then had the opportunity to ask technical questions of the Manager.

Members of the public then had the opportunity to present their views, as detailed above.

So the Committee had something to debate, the Vice-Chairman, seconded by Cllr Wheeler, proposed that support be given to the Definitive Map and Statement Modification Order confirmation for the reasons outlined in the Manager’s recommendations.

A debate followed where Members explained that they welcomed the proposal and that it promoted access to the countryside. In response to queries about whether bollards could be installed to prevent access by motor vehicles, the Manager confirmed that the Council had powers under Section 66 of the Highways Act 1980 to install bollards where necessary for the purpose of safeguarding persons using the byway. It was then:

Resolved

That The Wiltshire Council Ramsbury 9b, 44, 71 & 72 and Mildenhall 16 Definitive Map  ...  view the full minutes text for item 17.

Outline planning application with all matters reserved except access for up to 25,000 sqm of use class B2 (General Industrial), B8 (Storage and Distribution) and E (Commercial, Business and Service) (g) (i-iii), with landscaping and associated infrastructure.

Public Participation

Dirk Foster – spoke in objection to the application

Gordon Currie – spoke in objection to the application

William Smith (Berkley Strategic) – spoke in support of the application

The Head of Development Management introduced a report which recommended that the application to grant outline planning application, with all matters reserved except access, for up to 25,000 sqm of use class B2 (General Industrial), B8 (Storage and Distribution) and E (Commercial, Business and Service) (g) (i-iii), with landscaping and associated infrastructure, be approved subject to prior completion of a Section 106 agreement.

He highlighted that, since the publication of the agenda, revised conditions had been circulated in Agenda Supplement 2. Changes to the technical conditions included a stipulation that the level of floorspace provided for Use Class B8 when not ancillary to B2 or E uses shall not exceed 80 percent of the gross floorspace of the development, or 10,000 square metres, whichever is the larger.

The Committee noted that that the site had been identified in Core Policy 2 of the Wiltshire Core Strategy as a strategically important site for economic and employment development. The application site also formed the majority of the site allocated in the Core Strategy for development for employment purposes in accordance with the need to meet employment needs as identified in Core Policy 12 of the Devizes Community Area Strategy.

It was stated by the Head of Development Management that the masterplan for the site illustrated how the development could be integrated with the adjoining Skid Pan site, should it come forward for employment development. Should both sites come forward together it was likely that access from the A361 could be provided. However, he underlined that this was not the application being considered and the Committee was being asked to decide the application outlined in the agenda pack. There were no technical objections from Council officers in terms of highway impacts or in terms of the impacts on neighbouring amenities, subject to conditions and planning obligations to the existing application identified in the report.

He reassured the Committee that conditions on the application would restrict activities late at night. Residential properties would be separated from the commercial units by an area of landscaped recreational space and that the units would largely ‘face away’ from the recreational areas to ensure that noise and light pollution was minimised.

The Head of Development Management concluded that the development would be in accordance with the development plan and that there were no sound planning reasons to object to the application.

Members of the Committee then had the opportunity to ask technical questions.

In response to questions about whether the access arrangements could be amended, the Head of Development Management explained that it was not possible for the Committee to amend the application. He clarified that he was not able to comment on a different application and the Committee must consider the application before it.

When asked about how the Committee could be assured that  ...  view the full minutes text for item 18.

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.