Agenda item

WILDLIFE AND COUNTRYSIDE ACT 1981 - The Town and County Planning Act 1990 Section 257 - The Wiltshire Council Marlborough 30 Diversion and Definitive Map Statement Modification Order 2018

Minutes:

Public Participation

There were no public statements.

 

Craig Harlow, Acting Rights of Way Officer presented a report which recommended that the Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018, be forwarded to the Secretary of State with the recommendation that it is confirmed as made.

 

Key details were stated to include the following:

 

Wiltshire Council had received an application to divert a 65m section of the Marlborough 30 footpath at Salisbury Road, Marlborough. The footpath required diverting in conjunction with planning application 15/02026/OUT and 17/03219/REM. Wiltshire Council’s planning officers had previously approved these applications with conditions. As permission had been granted for housing on the site, the current route of the footpath would be obstructed by vehicle parking bays. The current route and proposed route of the footpath was shown to the meeting. Seven objections had been received, one, from Marlborough Town Council had now been withdrawn.

 

Attention was drawn to the late representations received from local residents Caroline Heath and Sara Daw, both objecting to the footpath diversion. These had been forwarded to the committee for consideration.

 

No members of the public were at the meeting to present their views.

 

The unitary division member, Cllr Nick Fogg spoke regarding the order.  It was suggested that we may be able to make replacing hedgerows that had been removed a condition of the Order.

 

Cllr Stewart Dobson, member for Marlborough East also spoke, stating that he felt it was important that that the committee be aware of the history involved. The original planning applications received for the site did not require diverting the footpath. However, in response to concerns raised by Marlborough Town Council regarding the type of housing being provided, the applicant modified their reserve application to change the mix of housing. This modified proposal did result in the need for the footpath to diverted. It was felt that some of the comments received were as a result of overzealous contractors possibly removing hedgerows and vegetation that should not have been touched.

 

In response, the officer stated that  they would investigate enforcement action regarding the removal of hedgerows.

 

A short debate followed where the main issue raised was that it was not felt the committee could justify objecting to the proposal, if the footpath was not diverted it would go through parking bays which would not be safe.

 

During debate a motion to forward the Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018, to the Secretary of State for Environment, Food and Rural Affairs with a recommendation from Wiltshire Council that the Order be confirmed as made, was moved by Cllr Mark Connolly. The motion was seconded by Cllr Paul Oatway.

 

At the conclusion of the debate it was;

 

Resolved:

 

That the Wiltshire Council Marlborough 30 Diversion and Definitive Map and Statement Modification Order 2018, be forwarded to the Secretary of State for Environment, Food and Rural Affairs with a recommendation from Wiltshire Council that the Order be confirmed as made.

 

Supporting documents: