Agenda item

Public Participation

Jonathon Cheal spoke in objection to the order.

Josh Stratton, landowner, spoke in objection to the order.

Bob Richardson-Aitken spoke in support of the order.

Helen Belchamber spoke in support of the order.

David Shaw spoke in support of the order.

Cllr Tom Thornton from Codford Parish Council spoke regarding the application.

The Chairman introduced the item, noting that the Committee had previously considered the modification order on 2 November 2016. As objections had been received the order was required to be sent to the Secretary of State for Environment, Food and Rural Affairs for determination, and the Committee had resolved that the Council should take a neutral stance as to whether the order should be confirmed, considering the balance of evidence not sufficient to support a recommendation of confirmation as made, confirmation subject to modification or withdrawal.

Following that meeting officers became aware that advice provided to the Committee in relation to evidence under Section 31(6) of the Highways Act 1980, in relation to landowner’s deposits made under that section and the effect upon the relevant 20 year period of purported use of the order route, was incorrect. Having been given legal advice by a solicitor and legal counsel  that interpretation of the law had changed which had impacted on the information originally given to Committee.  The matter had therefore been referred back to the Committee to consider the effect of the new information on the evidence relating to the order, and therefore their previous decision. The Committee was informed that if Members decided to stick to their original decision the new information would in any event be presented to the Inspector,

The Committee were advised that whatever stance they may have taken when the matter was previously considered, they would need to consider with an open mind the additional information and whether its effect upon the evidence was such that they wished to reach a new decision, or uphold their previous decision.

Sally Madgwick, Team Leader Definitive Map and Highway Records, presented the report, which recommended that order be forwarded to the Secretary ofState with the recommendation the order be confirmed as made. The history of the order and details of the route were provided, along with the extent of evidence.  The Committee’s attention was drawn to an error in paragraph 16 of the report which incorrectly stated that ‘Mr Josh Stratton never made a declaration to accompany either of his deposits’ whereas Mr Josh Stratton did make a statutory declaration to accompany the 2011 deposit.

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

Members of the public then had the opportunity to address the Committee, as detailed above.

A debate followed, where the nature of the legal advice was explained by Sarah Marshall, Senior Solicitor, along with its impact on the relevant period to be considered, with some members arguing that the impact of the new advice on the evidence meant, on the balance of probabilities, that the route had been so used and that the order should be supported, with others considering that the impact was not sufficient to alter the reasoning behind taking a neutral stance.

A motion to forward the order to the Secretary of State with the Council taking a neutral stance was moved by Councillor Ridout and seconded by Councillor Kirk, and at the conclusion of debate, it was,

Resolved:

That the Committee confirms its resolution of 2 November 2016 and that the Council take a neutral stance with regard to the confirmation of the Order.