I read with interest in your edition of October 10 the letter from Lawrence Jones concerning the Winchester City Council’s decision in the planning application for a solar farm at Sparsholt and the use of the Chairman’s casting vote. I have been involved in and with local councils for over 50 years and for the later part of that, my involvement has been at a professional and advisory level rather than as an officer.

The fact that a chairman has a casting vote – which is used when a decision is tied is contained in the Local Government Act 1972 and is a legal requirement that it is used. What the act does not say is how it should be used.

READ MORE HERE: Planning decision is an 'affront to democracy'

However, there is a convention, supported by good sense and the need to maintain, if possible, the impartiality of the chair, that the casting vote should be used in such a way as to leave the question in the issue open for future reconsideration – that is to maintain the status quo. Unfortunately, if the chairman ignores convention – as appears to have happened in this case – then there is no rule of law to say this is wrong ( see the case of R v Bradford City Council ex parte Wilson (1989))

Councillor Rutter (who represents the Worthys on the Council) is an experienced councillor and I am very surprised she endangered the impartiality of the role of chair by not observing convention – which is very worrying – unless there is something we do not know.  The proper advice from the officers would be to vote against the application in order to maintain the status quo and enable further consideration to be given. The only hope is that when the minutes come to full council that decision will be challenged if that is possible under Standing Orders.

John Murray, DMS, FCPFA,

Burley Road,

Harestock,

Winchester

Send letters by email to newsdesk@hampshirechronicle.co.uk or by post to Editor, Hampshire Chronicle, 5 Upper Brook Street, Winchester, Hampshire, SO23 8AL.

All letters and e-mails must include full names and addresses (anonymous letters will not be published), although these details may be withheld from publication, on request.

Letters of 300 words or less will be given priority, although all are subject to editing for reasons of clarity, space, or legal requirements. We reserve the right to edit letters.