Issue - meetings

To consider an application for the diversion of Public Footpath No.8 (part) in the parish of Alpraham

The Committee received a report which detailed an application from P&L Agriconsulting (the Agent) on behalf of Mr David Symms (the Applicant) requesting the Council to make an Order under section 257 of the Town and Country Planning Act 1990 to divert Public Footpath No.8 in the parish of Alpraham.

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as Planning Authority, can make an Order stopping up a footpath or part of a footpath if it was satisfied that the necessary to do so to enable development to be carried out in accordance with a planning permission that had been granted.

Planning permission had been granted on 22 June 2011 – Planning Permission Ref: 11/1061N, to the Applicant for the development of a slurry lagoon to store slurry and dirty water from Rookery Farm.

The existing alignment of Public Footpath No.8 would be directly affected by the development of the slurry lagoon which was required by the Applicant to enable compliance with Nitrate Vulnerable Zone Regulations that regulate environmental nitrate concentrations.

The current line of Public Footpath No.8 lay directly on the site designated for development of the slurry lagoon and therefore a footpath diversion was required to provide public access around the new lagoon.  The length of footpath proposed to be diverted was approximately 79 metres.

The Committee noted that no objections had been received from the informal consultations and concluded that it was necessary to divert part of Footpath No.8 Alpraham to enable the development of the slurry lagoon to go ahead.  It was considered that the legal tests for making and confirming of a Diversion Order under section 257 of the Town and Country Planning Act 1990 were satisfied. 

RESOLVED:

1          An Order be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.8 Alpraham, as illustrated on Plan No.TCPA/058, on the grounds that the Cheshire East Borough Council is satisfied that it is necessary to do so to allow development to take place.

2          Public Notice of the making of the Order be given and in the event of there being no objections within the period specified, the Order be confirmed in the exercise of the powers conferred on the Council by the said Act.

3          In the event of objections to the Order being received and not resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.