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Agenda and minutes

Venue: Council Chamber - Council Offices, Monkton Park, Chippenham, SN15 1ER

Contact: Ben Fielding – Email: Benjamin.fielding@wiltshire.gov.uk  Leo Penry - Email: Leonora.Penry@wiltshire.gov.uk

Items
No. Item

34.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

No apologies for absence were received.

35.

Minutes of the Previous Meeting

To approve as a true and correct record the minutes of the previous meeting held on27 April 2022.

Supporting documents:

Minutes:

The minutes of the meeting held on 27 April 2022 were presented for consideration, and it was;

 

Resolved:

 

To approve and sign as a true and correct record of the minutes of the meeting held on 27 April 2022.

36.

Declarations of Interest

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

Minutes:

Councillor Greenman for information declared that as the divisional member for the area he had attended some events and had involvement at the initial stages of the application with the Stanton St Quintin Parish Council as the divisional member. Councillor Greenman stated that he had not pre-determined his view and would proceed with an open mind.

37.

Chairman's Announcements

To receive any announcements through the Chair.

Minutes:

The Chairman informed those in attendance of the procedures in place if there was to be a fire alarm.

38.

Public Participation

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 18 May 2022 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 [change this to the day which is 2 clear working days before the meeting 20 May 2022. 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.

 

 

Minutes:

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

The Chairman welcomed all present. He then explained the rules of public participation and the procedure to be followed at the meeting.

39.

Planning Applications

To consider and determine the following planning applications.

Supporting documents:

Minutes:

The Committee considered and determined the following Rights of Way applications:

40.

COMMONS ACT 2006 – SECTIONS 15(1) AND (2) APPLICATIONS TO REGISTER LAND AS TOWN OR VILLAGE GREEN – LAND OFF SEAGRY ROAD, LOWER STANTON ST QUINTIN

To consider the evidence submitted with two applications made under Sections 15(1) and (2) of the Commons Act 2006, to register land off Seagry Road, Lower Stanton St Quintin, as a Town or Village Green (TVG), in order to seek approval to appoint an independent Inspector to hold a non-statutory Public Inquiry and provide an advisory report for the Northern Area Planning Committee on the applications to register land off Seagry Road, Lower Stanton St Quintin, as a TVG.

Supporting documents:

Minutes:

Public Participation

Malcom Reeves spoke in objection to the applications.

Kathryn Reeves spoke in objection to the applications.

Elizabeth Cullen spoke in support of the applications.

Doreen Pattison spoke in support of the applications.

Councillor Roger Starling spoke on behalf of Stanton Parish Council.

 

Senior Definitive Map Officer, Janice Green presented a report which outlined two applications made under Sections 15(1) and (2) of the Commons Act 2006, to register land off Seagry Road, Lower Stanton St Quintin, as a Town or Village Green (TVG), in order to seek approval to appoint an independent Inspector to hold a non-statutory Public Inquiry and provide an advisory report for the Northern Area Planning Committee on the applications to register land off Seagry Road, Lower Stanton St Quintin, as a TVG.

 

Details were provided by reference to the report regarding the site, the history of the applications, objections to the application, the dispute regarding the evidence and the legal tests to be applied when registering land as a town or village green.

 

The Senior Definitive Map Officer responded to questions raised in a representation from a member of the public and it was highlighted that the officer recommendation was to appoint an independent Inspector to undertake a non-statutory Public Inquiry to examine all of the evidence which would then be expected to resolve the matters raised. 

 

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought regarding the benches pictured on the application land and it was clarified that one was donated by the Jubilee Fund of 2020 and one was a family memorial bench. There was also a tree with a plaque in memory of a former Parish Council Member. In response to a query about the pond it was clarified that the pond was filled in in 1965 based on evidence contained in the Parish Council minutes at that time. In later Parish Council minutes dated 19th May 1988 and referred to in the report, reference was made to the proposals for a new noticeboard and the planting of trees and shrubs on the land. Although proposals to restore the village pond were rejected, the Parish Council sub-committee had indicated their willingness to improve the area. In response to a question regarding grass cutting the Officer stated that there had been recent maintenance of the area by the Parish Council. It was also explained that currently the land is not designated in any way.

 

In response to questions on process the Principal Solicitor, Sarah Marshall, explained that there was a duty to be fair to all parties and any decision taken by the committee would be potentially subject to Judicial Review. If it was referred to an independent Inspector for a non-statutory inquiry the evidence would be reviewed and a recommendation along with reasons would be made to the committee, who would then take a decision on whether or not to register the land as TVG. It was queried whether the purpose of the  ...  view the full minutes text for item 40.

41.

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.