Parish Council Public Meeting (to consider this application):
Monday 27 February 2023 at 6pm
All Saints Church, Sutton Mandeville
Consultation deadline: 28 February 2023
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PL/2023/00647 - Householder Application THE HOMESTEAD, SUTTON HILL, SUTTON MANDEVILLE, SALISBURY, SP3 5ND
Demolition of existing two storey brick extension and the erection of a single storey rear extension. Barn and stable conversion and installation of new swimming pool and land mounted solar array
Case Officer: Sarah Hill
Previous planning application 2014
[Application for a larger single storey rear extension for the house.]
Approved 15/04/2014 - Full Planning Permission
Proposed large two storey extension with a new kitchen and utility area. Proposed extra bedrooms and bathroom on the first floor. Proposed rear extension with living room and new staircase.
Proposed landscaping would obstruct definitive (legal) line of the footpath
See comment by Jane Hughes, Rights of Way Officer
Comments from Jane Hughes, Rights of Way.
1st February 2023
Objection with regard to the effect of proposed landscaping on public footpath SMAN16
Public footpath SMAN16 runs through the site. It has not been shown on the site plan and I cannot find any reference to it in the accompanying documents. I have included an extract below from the proposed site plan on which the route of the path (as recorded on the digital rights of way mapping) is shown in purple. In order to verify the accuracy of the digital map I am required to refer back to the original Definitive Map of Public Rights of Way from the 1950’s. The scale of the original map and the line of the path recorded gives us some tolerance as to the exact position of the path and I have shown this by way of dashed red lines on the extract below. In order to be incorporated on its legal line the path must be accessible on a straight route within this tolerance.
The proposed landscaping would obstruct the definitive (legal) line of the footpath. The path should be available on its legal line at a minimum width of 2 metres (or 3 metres in enclosed). The council has a statutory duty to protect the definitive line of rights of way and Rights of way circular 1/09 says that they are a material consideration in planning applications. I must therefore object to the application. In order to overcome this objection I require the applicant to either:
a) submit a revised plan showing how the definitive line would be accommodated, or
b) confirm that they intend to apply to divert the right of way, in which case they will have to submit a revised plan showing this proposed diversion.
Where it is necessary to divert or extinguish a public footpath, bridleway or restricted byway to enable a development, an application must be submitted to Wiltshire Council at the earliest opportunity under section 257 of the Town and Country Planning Act 1990. It is advised that an application to divert or extinguish is made concurrently with the application for planning permission. This is because if objections to the order are received and it has to be referred to the Planning Inspectorate, it can take up to 18 months before a decision is reached.
The applicant should also provide details of any proposed changes to the surfacing of the path.
I can supply further information regarding how to apply for a diversion if required.
The applicant should note that it is a criminal offence to obstruct a public right of way under section 137 of the highways Act 1980.
PARISH COUNCIL DECISION - 28 February 2023
COMMENTS: The Parish Council support this application subject to the existing public right of way SMAN16 to be preserved without obstruction. It is noted that a revised plan of landscaping has been submitted removing drawn planting on the line of the route.