TWO families have complained about land they own being designated as Local Green Space in the Warminster Neighbourhood Plan without their knowledge or consent.
Paul Strong, 70, of Chapel Street, Warminster, and Andrew Gaskell, 73, from Frome, have now requested that Warminster Town Council and Wiltshire Council remove the LGS designation when they review the Neighbourhood Plan later this year.
Mr Strong owns a four-acre field off Folly Lane. He has a barn on the field, keeps chickens there and regularly mows it. Mr Gaskell owns two acres of woodland next to Mr Strong’s field.
To their surprise and shock, both families found out in 2019 that their land had been designated as ‘Local Green Space’ in the Warminster Neighbourhood Plan approved by Wiltshire Council in November 2016. It means that no development can take place on the land other than in very special circumstances.
The plan followed a public referendum in which 1,660 residents (77.7 per cent) voted in favour, while 477 (22.3 per cent) voted against.
Tania Peacock, 51, Mr Strong’s daughter, who lives in Newmarket, Suffolk, said: “The land should never have been designated as Local Green Space, as it was never in a draft plan for public consultation.
“Neither Wiltshire Council nor Warminster Town Council consulted my father before adding the land to the Neighbourhood Plan.”
Mr Gaskell’s daughter, Zoe Gaskell, 50, said: “My father was born in Warminster and has lived here most of his life. Our family have owned that land since 1947.
“There is absolutely no reason that they could not find us. The designation is not lawful. Our choices have been taken away from us because we were not consulted.”
The land was designated as Local Green Space as part of the Folly Lane Rehobath, which covers around four hectares and consists of flood plain, woods and open fields.
Their land lies close to the Warminster Urban Extension, where developers have lodged plans to build up to 900 new homes and provide six hectares of employment land.
In a report in April, the town council said: “The Council has been contacted by two of the landowners who are unhappy with the designation of the Folly Lane Rehobath as local green space.
“The consent or knowledge of every landowner, although desirable, cannot always be achieved and is not a condition of designation of land as Local Green Space.”
“Designation is possible even when the land is privately owned and with no access to the public.
“The town council does not have detailed records of all communications made during the Neighbourhood Plan process.
“It appears from the minutes of the Neighbourhood Plan Working Group that the town council believed that the landowners had been contacted.
“Had the landowners been aware of the process, they could have launched appeals/challenges to the designation, but the timescales for legal challenge relating to this matter have passed.
“There is a Neighbourhood Plan review process that allows the designation to be amended or changed. If any of the evidence provided is flawed or incorrect, or circumstances have changed, then the review process is the best way to get the Local Green Space designation changed.”
Cllr Nick Botterill, Wiltshire Council Cabinet Member for Strategic Planning, said: “Any part (policy or proposal) of a ‘made’ plan can be subject to review by the Neighbourhood Plan qualifying body (i.e. the town council).
“At this current time, a review of Local Green Spaces does not fall within the scope of work on the emerging Local Plan Review, therefore the review of the Local Green Space designation, will be a matter for Warminster Town Council to explore through their review of the Warminster Neighbourhood Plan.”
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