Marston Sicca Parish Council

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Planning Meeting January 11th 2016

Minutes of Marston Sicca Parish Council Planning Meeting held on Monday 11th January 2016 at 7.30.p.m in the Village Hall.

Present. Cllr Mike Brain Chairman. Cllrs Kiener, Johnsey, Hodges and Tempest.

District Councillor Peter Barnes.

Steve Taylor. Agent for Application 15/04353/OUT.

29 members of the public.



Chairman Mike Brain made a declaration of pecuniary interest as adjoining property owner to application 15/04353/OUT with reference to items 4 & 5 on the Agenda and would leave the meeting. He has declared this interest to the Parish Clerk, Monitoring Officers at WCC and SDC and received the following advice from Phil Grafton, Monitoring Officer at SDC :-

“ Your home address is already on our public register, so there is no need for you to take further action. Obviously in view of your declaration to will wish to avoid using your position as Councillor ( at whatever level) in influencing the course or outcome of this application"

Cllr Brain advised that further to this advice he would not answer or respond to any direct questions to him in the Open Session with regard to items 4 and 5 on the Agenda.

Matters raised were :-

Footpath SD40 through the paddock now almost impassable. Whose responsibility is it to maintain it? Reply. Landowner is responsible.

Steve Taylor, agent as above, was asked if he realised the extreme concern by villagers over the matter of the proposed change of status and damage caused to the footpath through this development application. He advised that the plans had now been amended, although no advice had been received by the Parish Council. The new plans showed a much wider footpath through part of the paddock. Originally the access had been proposed through Hopkins Field development but was abandoned as being too problematic legally. After extensive searches they had found that the byway from the stile to the C46 was not in any registered ownership and maybe categorised as a BOAT – byeway open to all traffic. This was awaiting clarification. He accepted that it was originally a Bier way – a route to transport coffins to church. He advised that the applicant had taken out an Indemnity to insure against the possibility of having to reinstate the Right of way to it's original state if it was found to be in private ownership.

Mr Peter Brown advised that on his deeds for an adjoining property it was stated that the path at the rear of his property must be maintained as a footpath. He also stated that the extent of his property had been measured and up to 60cm of his land had been damaged.

Ms Woodliffe stated that the developer was riding roughshod in this matter and had taken out an indemnity to cover his action. A legal case is now being prepared on behalf of some adjacent residents over the matter of ownership of the footpath as regards to details on their deeds.

The agent stated that the bulldozers had not touched boundary fences but he was told that the fences did not mark the property boundaries – they were erected to safeguard the owners land.

The agent stated that both Warwickshire County Council Highways and Stratford District Council had inspected the area and had raised no issue. This was challenged – WCC had insisted on the reinstatement of the grass verge and District Council enforcement had indicated after discussion that they would take no immediate action and would await the outcome of the planning application.

Mike Brain advised that the lack of certainty over ownership of this piece of land had started because of the need to trim trees along the hedgeline which were said to be causing subsidence at Elm Hatch.

The agent was asked if all adjoining landowners to the south of this path had been consulted. He could not answer that query.

2.APOLOGIES had been received from Mike Moore.


None other than Cllr Brain's Declaration in the Open Session.

Chairman Mike Brain handed over Chairmanship to Vice Chairman Cllr Keiner and left the meeting.


Cllr Kiener explained that the part of the footpath from the end of the existing SD40 to the main C46 road was not officially designated as a Right of Way. If it is not put on the definitive map by 2026 it will cease to exist. The SD40 within the paddock area does not have a described width.

Cllr Kiener proposed that the Parish Council submit an application to extend the SD40 right up to the C46 and formalise the designated width to at least 3metres. Seconded by Cllr Tempest and approved by all Councillors present. Necessary forms had already been prepared and these would be signed at the close of the meeting. Evidence forms had been circulated in the village and completed and these would be sent with the application or some at a later date up to 31st Jan.


Application 15/04353/OUT. Ashmead House. Hopkins Field. Outline application for the erection of 5 dwellings ( all matters reserved except for access).

Discussion took place amongst Councillors:-

Access .No permission had been sought to make the traffic access shown on the plan. Applicant states that he has full control over this area – this is currently under investigation as it appears not to be the truth. This has never been a vehicular access and was never considered wide enough until the hedges and trees were bulldozed on the 19th December after the application had been sent to and verified by District Council. This work has completely changed the character of this centrally located footpath. It has been used as a right of way for over 100 years and is shown on old maps.

This new proposed access is right next to the access road to Hopkins Field and will be in conflict with any road traffic exiting from there creating a potential road safety issue. It was also felt that there would be insufficient visibility splay to the south. Concern was expressed at suitable access for HGV's such as Oil tankers or Refuse carts. Would all 10 Wheelie bins have to be placed on roadside of C46?


Loss of amenity – this development removes a large area of open space in the centre of the village and indicates a significant change to Footpath SD40. This has always been a non-surfaced rural footpath. These proposals change it's position and surface and would not be a continuous safe footpath . The plans have been altered recently to make changes to this footpath but this Council has not yet been advised of them. It is understood that permission has not yet been sought from Warwickshire Paths for the alteration of the route of this footpath.

Under Com 9 it requires development of safe environments for walking and cycling and this development would contradict this.

Although only an outline application it was felt that this could be described as urbanisation. Out of character next door to a grade 2 listed building, The Hopkins, reported widely to be the oldest residential dwelling in Warwickshire. It was felt that this is Basckfill with some proposed dwellings right on the border of the plot. All dwellings proposed are large when a mix of styles and size are needed in the village. Shared drive on plot 3 and 4 would create problems. The site is not sustainable as regards facilities – for example schools in the area are full. Under the Draft Core Strategy now undergoing another examination, our LSV allocation is 50 – permission has currently been given for 78 houses with another application for 5 pending. It is understood that the District Council has confirmed that a 5 year land supply has now been established.

Vice Chairman asked Councillors to decide if we approve or reject this application. It was explained that if we did not object, then this application would not go to full committee for a decision. Proposed by Cllr Kiener seconded by Cllr Tempest and approved by all Councillors present that we object to this application under grounds given above.

S106 Open Space Contribution for 15/04353/OUT.

An email had been received from Eddie Wrench, Planning Officer at the District Council outlining contributions available towards a public open space should this application be approved. It was stated that providing the information requested will not affect our representation on the application.

It was proposed by Cllr Kiener, seconded by Cllr Johnsey that we would reply with a Without Prejudice heading that this Council will accept any funds forthcoming towards the new Open Space Project currently evolving. Approved by all.

The meeting closed at 8.50.p.m


Support given to Parish Councils concerns over access to site, room to pass and HGV's. Visibility splay not sufficient.

Agent stated that there was sufficient width in the new proposed access for a two way road plus a footpath – totalling over 6 metres.

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