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Agenda and minutes

Venue: Online Meeting

Contact: Ellen Ghey  Email: ellen.ghey@wiltshire.gov.uk

Media

Items
No. Item

32.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

There were no apologies for absence received.

 

33.

Minutes of the Previous Meeting

To approve and sign as a correct record the minutes of the meeting held on 7 October 2020.

Supporting documents:

Minutes:

The minutes of the previous meeting held on 7 October 2020 were presented.

 

Resolved

 

To approve and sign the minutes of the meeting held on 7 October 2020 as a true and correct record.

 

34.

Declarations of Interest

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

Minutes:

There were no declarations of interest.

 

35.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

The Chairman explained the procedure should a recess be required.

 

36.

Public Participation

The Council welcomes contributions from members of the public.

 

During the ongoing COVID-19 situation the Council is operating revised procedures and the public are able to participate in meetings online after registering with the officer named on this agenda, and in accordance with the deadlines below.

 

Guidance on how to participate in this meeting online

 

Access the online meeting of the NAPC here

 

Statements

 

Members of the public who wish to submit a statement in relation to an item on this agenda should submit this in writing to the officer named on this agenda no later than 5pm on Friday 6 November 2020.

 

Submitted statements should:

 

·       State whom the statement is from (including if representing another person or organisation);

·       State clearly whether the statement is in objection to or support of the application;

·       Be readable aloud in approximately three minutes (for members of the public and statutory consultees) and in four minutes (for parish council representatives – 1 per parish council).

 

Up to three objectors and three supporters are normally allowed for each item on the agenda, plus statutory consultees and parish councils.

 

Those submitting statements would be expected to join the online meeting to read the statement themselves, or to provide a representative to read the statement on their behalf.

 

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 electronically to the officer named on the front of this agenda no later than 5pm on Wednesday 4 November 2020 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 Friday 6 November 2020.

 

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 members prior to the meeting and made available at the meeting and on the Council’s website. Questions and answers will normally be taken as read at the meeting.

 

Minutes:

The Chairman explained the rules of public participation and the procedure to be followed at the meeting.

 

No questions had been received from Councillors or members of the public.

 

37.

Bridleway No. 89 (part), 89A and 89B Diversion Order and Definitive Map and Statement Modification Order 2019 - Calne Without

To consider the five duly made objections received to The Wiltshire Parish of Calne Without Bridleway 89 (part), 89A and 89B Diversion Order and Definitive Map and Statement Modification Order 2019.

 

With the recommendation that Wiltshire Council exercises its power to abandon the Order.

 

Supporting documents:

Minutes:

Public Participation

 

A statement in support of the item from Mr Graham Bennett, on behalf of the British Horse Society, was read out by Mr Derek Walsh.

 

Mr Derek Walsh, on behalf of the land owners, spoke in support of the item.

 

Councillor Rob Hislop, on behalf of Calne Without Parish Council, spoke in support of the item.

 

Sally Madgwick, the report author and Definitive Map and Highway Records Manager, introduced the report which recommended that the Committee considered the five duly made objections to the Order, and considered to either exercise Wiltshire Council’s power to abandon the Order or to support the confirmation of the Order and to send it to the Secretary of State for Environment, Food and Rural Affairs (SoSEFRA).

 

Reference was made to the presentation slides (Agenda Supplement 1) and the tests to make or confirm an order to divert were discussed alongside the matters on the existing and proposed routes that should be considered or disregarded for comparison purposes.

 

Key issues highlighted included: consideration of Sections 119(3) & (6) of the Highways Act 1980; convenience of the new path; effect on public enjoyment of the path or way as a whole; effect on land served by the existing right of way; effect on land served by the new right of way; consideration of the Rights of Way Improvement Plan; regard to the needs of agriculture, forestry and conservation of biodiversity; and consideration of the Open Spaces Society objection to the validity of the Order, Section 119(3).

 

Members of the Committee had the opportunity to ask technical questions to the officer. The main points of focus included: the erection of three stiles along the adjoining footpaths, as raised by the Open Spaces Society objection, and if they should be considered. In response, officers noted that the stiles should not be taken into consideration as they related to the convenience of the adjoining footpaths and not the proposed bridleway. It was additionally noted that if the Committee were minded to support the confirmation of the Order these stiles would be replaced by appropriate alternatives that would meet the requirements of The Equality Act 2010.

 

Members of the public, as detailed above, had the opportunity to address the Committee and speak on the item.

 

Local Unitary Member Councillor Alan Hill spoke in support of the item. The main points of focus were: historical and existing security and privacy concerns of the land owners; continued strong support of the local community; origins of the existing route; higher levels of accessibility along the proposed route; and general use of the proposed route for enjoyment.

 

Councillor Ashley O’Neill moved to support the confirmation of the Order and that the matter should be passed to the SoSEFRA for determination, with a recommendation for approval, as it satisfied the tests required by Section 119 (6) of the Highways Act 1980. This motion was seconded by Councillor Gavin Grant.

 

During the debate members discussed the duties of the Council to meet the accessibility requirements necessary  ...  view the full minutes text for item 37.

38.

Urgent Items

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency.

Minutes:

There were no urgent items.