I was all set to send my festive greetings to you all but then that Mud Lane popped up again.
The Government guidance sets out a presumption that if a public right of way, that is subject to a diversion, goes through private dwellings or their curtilages and gardens, that it should be permitted.
A key plank against the diversion of part of Mud Lane was that it did not go through a garden. The adjacent agricultural land had been made to look like a garden, but it is not.
The applicant has submitted a new application to change the land use from agricultural to domestic through existing use rules rather than Listed Building Consent. The argument is that existing use rules should not apply as the farm is a Listed building so the application as is should not be allowed.
Restrop Farm is a listed building, and lawful development through existing use does not apply in the case of listed buildings: “A lawful development certificate cannot be used in situations where breaches of listed building or conservation area controls may be alleged. Therefore the 4/10 year rule will not apply”. It is clear that Listed Building Consent is required and lawful development through existing use cannot apply in this case. Therefore, the planning application is invalid.
Typically, such a Consent should not be granted as change of use would impact the building’s special architectural character in the agricultural landscape adjacent to an historic right of way. Mud Lane is an intrinsic part of the setting of Restrop Farm. Changing land use from agricultural to domestic would damage the historic environment of the farm, its curtilage and its relation to the old drovers’ route. The historic drovers’ route has existed for, at least, hundreds of years.
It appears on the Parish of Purton’s Enclosure Map of 1744 (in Purton Museum and online: https://www.purtonmuseumandhistoricalsociety.com/the-1744-enclosure-map) as Shooter’s Hill Lane. For hundreds of years, it has existed as an unrestricted road running from Restrop Road to Ringsbury Camp and towards Braydon. It has appeared on every Ordnance Survey map since the first survey of Britain in the 19th Century. It is clear that the lane is an historic route which is an intrinsic part of the landscape and its land use remains as such today.
The footpath runs through agricultural land: change of use would allow its destruction. This would damage the setting of the listed building and would run contrary to the findings of the public inquiry in 2012. At that Inquiry, the inspector ruled that the route of the right of way should remain on its original course within the landscape, forming part of the setting of the listed buildings at Restrop Farm.
So, once again, this is a cynical attempt to remove genuine and lawful objections to the diversion of Mud Lane by changing the land use. Remember, in recent years, the current landowner has sought to circumvent planning law. They have removed the historic boundaries, hedgerows and trees containing the lane – presumably without the necessary consents. Wiltshire Council should enforce the reinstatement of the landscape features removed by the landowner.
Should Wiltshire Council approve this application, it will set an unfortunate precedent that anyone can damage the landscape, circumvent the planning system and seek to misapply government guidance in order to gain a material benefit.
Remember also, the applicant states in his previous application to divert, “This application is made primarily in the interests of the landowner, to improve both privacy and security of the private residence and operational farm. This says it all. The actual benefit will be an increase in property value due to the absence of an RoW adjacent to the house.
The new application can be found here:
https://development.wiltshire.gov.uk/pr/s/planning-application/a0iQ300000IPNa9/pl202509645
PL/2025/09645, Restrop Farm, Restrop, Purton, Swindon, SN5 4LW, Change of use of agricultural land to residential garden
Comments must be made by 9 January 2026 and can be made using the same link above and clicking on “Comments”.
… and of course the answer to “when is a garden not a garden” is when it is agricultural land.
Happy Christmas and Best Wishes for 2026 – I am sure we will be busy as ever…
