The Western Area Planning Committee of Wiltshire Council met on Wednesday 18 February 2026 to discuss rights of way applications. The committee recommended that an order to modify the definitive map and statement of public rights of way in Warminster be confirmed with modifications, and that an order to divert a footpath in North Bradley be forwarded to the Secretary of State for confirmation with modifications.

Wildlife & Countryside Act 1981 - Section 53 - The Wiltshire Council (District of Warminster) Path No.94 Definitive Map and Statement Modification Order 2025

The committee considered objections and representations regarding the proposed modification of the definitive map and statement of public rights of way in Warminster to add Path No. 94. The application was made by Mr E Gage, a local resident, to add a public footpath between Woodcock Gardens and Boreham Road, Warminster.

Officers recommended that the Order be forwarded to the Secretary of State for Environment, Food and Rural Affairs with a recommendation that it be confirmed with modifications. The modifications proposed were technical, relating to the addition of points A, B, C, and D to the description of the path for clarity.

Objections were raised by Mr F Morland, Mr N Hampson, and Mrs H Gilmour. Mr Morland's objections focused on the historical evidence and the interpretation of land registry documents. Mr Hampson and Mrs Gilmour objected to the proposed widths of the footpath, particularly sections A-B (proposed 1m) and B-C (proposed 2m), arguing for narrower widths based on their perception of historical use and the impact on adjacent properties and a historic yew hedge.

Officers addressed these objections, explaining that the decision to make the Order was based on sufficient user evidence demonstrating public use as of right for over 20 years, and that there was insufficient evidence of the landowners' non-intention to dedicate the route as a public right of way. Regarding the widths, officers explained that the proposed widths were considered reasonable based on measurements, Ordnance Survey mapping, and legal presumptions regarding land between boundaries. The hedge to hedge presumption, supported by case law, was cited in relation to section B-C.

Late representations were also considered, including further objections from Mr Hampson regarding the width of section A-B, and support for the Order from Ms M Daniell.

Councillor Andrew Davis, the Local Unitary Member, spoke in support of the recommendation. Following debate and clarification from officers, the committee resolved to forward the Order to the Secretary of State with the recommendation for confirmation, including the proposed technical modifications.

Town & Country Planning Act 1990 - Section 257 - The Wiltshire Council Parish of North Bradley Path No.9 Diversion Order and Definitive Map and Statement Modification Order 2021

The committee considered objections to the making of the Wiltshire Council Parish of North Bradley Path No. 9 Diversion Order and Definitive Map and Statement Modification Order 2021. This Order, made under Section 257 of the Town and Country Planning Act 1990 and Section 53 of the Wildlife and Countryside Act 1981, relates to the proposed diversion of footpath North Bradley No. 9 to enable a major development at Ashton Park, Trowbridge, to proceed.

The Order proposes to extinguish two railway level crossings on footpath North Bradley No. 9 and create an alternative route via underpasses. This action is necessitated by Planning Condition 19 of the outline planning permission for the Ashton Park development, which requires the stopping up or diversion of the footpath before certain phases of the development can commence.

Objections were received from Mr Bernard Clarkson, The Ramblers Association (represented by Mr Dave Yearsley, Mr Brian Micklam, and Mr Peter Mundy), and Ms Rachel Weeks. Network Rail, represented by Ms Lisa Bullock and Mr Dan Hayes, spoke in support of the Order, highlighting significant safety concerns regarding the increased use of the level crossings due to the development.

The Definitive Map and Highways Records Manager, Sally Madgwick, presented the report, explaining that the Order had been made in 2021 based on the planning condition. She clarified that the Order could not be confirmed by Wiltshire Council due to the objections and would therefore be forwarded to the Secretary of State for Environment, Food and Rural Affairs for determination. The proposed modification to the Order was to change the path's name from North Bradley Path No. 9 to Trowbridge Path No. 135, reflecting a recent parish boundary change.

Officers addressed the objections, particularly those from The Ramblers, who argued that the diversion was not strictly necessary and that a footbridge would be a preferable alternative. Officers explained that the necessity test under Section 257 of the Town and Country Planning Act 1990, as interpreted by case law, was satisfied by the planning condition, which legally mandated the diversion for the development to proceed. They also noted that the merits test, which balances public disadvantage against planning benefits, would be considered by the Secretary of State. The distance to the nearest alternative underpass was also discussed.

Network Rail reiterated their strong support for the Order, emphasizing the significant safety risks posed by the increased use of the level crossings by pedestrians from the new development. They argued that the diversion would eliminate these risks.

Following public participation and questions from the committee, Councillor Stewart Palmén moved the officer recommendation, which was seconded by Councillor Bill Parks. The committee resolved to submit the Order to the Secretary of State with the recommendation for confirmation, including the proposed modifications to the path's name. Councillor Ernie Clark left the meeting prior to this item being discussed.