Decision details

The committee considered a report which outlined an investigation into a proposed diversion of Public Footpath No.2 in the Parish of Somerford following receipt of an application from Anwyl Group Limited under the provisions of Section 257 of the Town and Country Planning Act 1990.

The application received requested that the Council make an order under section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.2 in the Parish of Somerford as it is deemed necessary to allow the construction of a fenced children's play area.

Planning approval consent was approved on 20th December 2024.

The report summarised the consultations undertaken, including any objections received and considered the relevant legal tests. The report addressed both the public interest and the interests of affected landowners and described the proposed new route with reference to accompanying plans.

It was recommended that a Public Path Diversion Order was made under Section 257 of Town and Country Planning Act 1990 on the grounds that Cheshire East Borough Council (“the Council”) was satisfied that the diversion was necessary to enable the approved development to take place.

The ward members, Somerford Parish Council, user groups, utility companies, and the council’s Nature Conservation Officer have been consulted, with three submitted written responses received.

One objection had been received from Somerford Parish Council to the proposed diverted route through the estate’s landscaped centre. The Parish Council stated that it would prefer a natural path along the southern and western development boundary.

Officers confirmed that this would require significant changes to the approved planning consent.

The committee considered the evidence set out within the report and agreed that a Public Path Diversion Order is made under section 257 of the Town and Country Planning Act 1990 for part of Public Footpath No. 2 in the Parish of Somerford as shown on Plan No. TCPA083 in the report on the grounds that Cheshire East Borough Council is satisfied that it is necessary to do so to enable the construction of an approved development.

RESOLVED: (Unanimously)

That the Highways & Transport Committee

1. Approve that a Public Path Diversion Order is made under section 257 of the Town and Country Planning Act 1990 for part of Public Footpath No. 2 in the Parish of Somerford as shown on Plan No. TCPA083 on the grounds that Cheshire East Borough Council is satisfied that it is necessary to do so to enable the construction of an approved development.

2. Approve that public notice of the making of the Order be given and that, in the event no objections are received within the statutory notice period, the Order be confirmed in the exercise of the powers conferred on the Council by the said Act.

3. Note that should any objections be received, Cheshire East Borough Council will be responsible for the conduct of any hearing or Public Inquiry relating to the Order.</AI8>

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