Issue - meetings

To consider an application for the diversion of Public Footpath No.6 (part) in the parish of Knutsford

The Committee received a report which detailed an application from Knight Frank (the Applicant) on behalf of the Crown Estate (the landowner) requesting the Council to make an Order under section 257 of the Town and Country Planning Act 1990 to divert Public Footpath No.6 in the parish of Knutsford.

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 it wasnecessary 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 24 June 2011 – Planning Permission Ref: 11/0613M, to the Applicant for permission to change the use of a redundant barn at Blackhill Farm, Bexton Road to provide four dwellings including the demolition of outbuildings.

The existing alignment of the footpath would be adversely affected by the creation of a residential courtyard with parking spaces and vehicular movements to the front of the dwellings.  The land to be developed and the surrounding fields were all owned by the Crown Estate.

The length of the path to be closed was approximately 100 metres in length.  The proposed route for the footpath was approximately 139 metres long and would move the footpath to the outside of the south easterly and south westerly boundaries of the site, along the edge of the adjacent arable field.  The field edge would be levelled/rolled to provide an even surface and a gap would be left to the side of the current field gate where the path left Bexton Road. 

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.6 Knutsford to allow the development of the existing redundant barn.  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.6 Knutsford, as illustrated on Plan No.TCPA/006, on the grounds that 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.