Ernie Clark. Hilperton Division, Wiltshire Council.

Both of the Paxcroft Ward items were considered last night.
Although I wasn't optimistic of the outcome, I proposed that the S.106 agreement should not be varied. This was because it requires Marshgate to 'use all reasonable endeavours' to secure a medical practice on the site at the Paxcroft Mead local centre.

However, in a proof of evidence to an earlier planning appeal, an expert witness from Marshgate stated that they had not been approached by anyone wanting to open a surgery. My argument was simple - using 'all reasonable endeavours' means actually marketing the site to potential users; it doesn't involve simply sitting back waiting for someone to contact you.

A large majority of the committee concurred with this view and Marshgate must now go away and be proactive in finding a medical practitioner for the site. They have been given five years to do this, but if they can prove that they have made every effort, but without success, then the planning committee will look at the matter afresh.

The other Ward item (the Staverton Link Road) was granted permission in accordance with the recommendation of the council officers.