DUE to the increase of scepticism on social media discussing Westbury Town Council’s role in the town, White Horse News spoke to cllr Ian Cunningham, to explain the town council’s power over planning decisions.
Ian Cunningham, who is mayor and former chair of the town council’s highways, planning and development committee, having stepped down on Monday 21st May at Westbury Town Council explains their role during the process of planning applications, including housing developments.
Comments on Spotted Westbury are typical of the following by Emily Gardiner, who said, “Westbury Town Council need to listen to the voice of the residents and stop making decisions that have such a negative impact on what could be a beautiful place to live.”
James Sandford also commented on the same post saying, “I am not surprised about anything our town council does any more. They are getting even more less fit for purpose.”
In response, cllr Ian Cunningham explained, “Westbury Town Council is a statutory consultee for planning in Westbury, meaning we must be asked for our opinion, in the hope that our local knowledge might highlight planning issues that could be missed.
“Wiltshire Council, the planning authority who grant or deny permission, don’t have to agree with us. Despite what many people believe, Westbury Town Council neither grants or denies planning permission. Anyone else can also comment on planning applications directly – for many the easiest way to do this today is online.
“Most decisions are made by Wiltshire Council officers using delegated powers considering law, local policies etc. but some go to a planning committee of councillors. A Wiltshire councillor can “call in” a local application to the committee following advice by officers whether there is a realistic case for a debatable decision in planning terms. A councillor can say that he wants the item to be decided by the planning committee of councillors rather than by a planning officer under delegated powers.
“Many people feel this increases their chances of getting the result they want as councillors are politicians and there are some opportunities to speak; but planning law is still the main issue.
“If an applicant doesn’t agree with a decision from the local authority they can appeal to the government planning inspectorate and, if grounds are valid, it will be examined by a government planning inspector in written evidence or at a hearing in public. The decision is taken away from the local authority.
“Anyone can comment on an application but, without citing planning issues, your comments usually won’t have much effect; the law “assumes” that most people don’t like changes near them, so gives “feelings” little weight. One common misconception is that more objections necessarily count for more; the number of people making the same objection isn’t that important in planning terms (it is to politicians, of course).
“Westbury Town Council has objected to all recent larger housing builds, citing lack of infrastructure and, in several cases, being outside the settlement limit (a line around a town which roughly separates the probably “yes” areas from the “no”) in line with Wiltshire Council’s own local policy. But we haven’t been successful.
“In the recent example on Trowbridge road, Westbury Town Council objected and so did Wiltshire Council (the roundabout access was considered to be an issue). The developer appealed, and a public hearing was called. Wiltshire Council took advice and just before the hearing, withdrew their objections (presumably because the risk of losing was too high). That left Westbury Town Council and a few plucky locals to speak against the development at a hearing where the planning authority was now saying “no objection”; we all know the result.
“If it sounds a bit stacked – my view is, that it is. The Government wants a lot more houses built, so the law and guidance favours that.”