Agenda item

To:

(i)             Consider the 7 statutorily made objections to The Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023.

(ii)            To recommend that the Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023 is forwarded to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed with modification. That modification being to add the words at the end of paragraph 4 of the order “ .And thereupon the Calne and Chippenham Rural District Council Area Definitive Statement dated 1953 shall be modified as described in part 3 of the Schedule to this Order.”

Public Participation

• Damian Bettles spoke in support of the application
• Fiona Plowman spoke on behalf of Yatton Keynell Parish Council in objection to the application.

Planning Officers introduced the report which recommended that the Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023 is forwarded by the Northern Area PlanningCommittee to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed with modification. That modification being to add the words at the end of paragraph 4 of the order “. And thereupon the Calne and Chippenham Rural District Council Area Definitive Statement dated 1953 shall be modified as described in part 3 of the Schedule to this Order”.

Councillors were informed that they would need to consider the 7 statutorily made objections to The Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023.

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

• That the bridge would be paid for and installed by the landowner

• That the maintenance of the bridge would be Wiltshire Council’s responsibility.

• That responsibility for the maintenance of vegetation was shared by the landowner and Wiltshire Council, dependant on where it is located.

• That most of the land is located within a flood plane.

• Pathways can be lost to natural watercourses.

• The Planning Inspectorate was the next step and could lead to an inquiry or hearing that would lead to costs for Wiltshire Council.

• The term “substantial” is not defined and for officer interpretation. The type of path is also considered.

The Committee then received statements from the public.

During debate, the committee acknowledged that it was nice to see a landowner going through the proper process for diversions.

Members considered both sides and their opinions to have significant merit.

It was considered that the Secretary of State/Planning Inspectorate would be able to take the objector’s opinions into account at the next stage, and that there was no reason to abandon the order at this stage, knowing further scrutiny and consultation would be available.

The Committee commended the letter from the applicant in response to objections, listing very clearly and with the aid of google maps snapshots the very understandable reasons for applying for the order.

During debate, a motion to approve was proposed by Cllr Steve Bucknell and seconded by Cllr Elizabeth Threlfall following which it was:

Resolved

That the Wiltshire Council Castle Combe 7 and Yatton Keynell 25 Diversion and Definitive Map and Statement Modification Order 2023 be forwarded to the Secretary of State for the Environment, Food and Rural Affairs with the recommendation that it be confirmed with modification. That modification being to add the words at the end of paragraph 4 of the order “. And thereupon the Calne and Chippenham Rural District Council Area Definitive Statement dated 1953 shall be modified as described in part 3 of the Schedule to this Order”.