Issue - meetings

To consider an application for the diversion of Public Footpath No, 2 (part) in the parish of Arclid

The Committee received a report which detailed an application from Rowland Homes Ltd and Messrs Pace (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. 2 in the parish of Arclid.

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as the Planning Authority, can make an Order stopping up or diverting a footpath or part of a footpath if it was satisfied that it was 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 16 November 2011 – Planning Permission Ref: 11/2394C, to the Applicant for the redevelopment of industrial/commercial premises and two detached garages and erection 18 dwellings (13 market/5 affordable), provision of Public Open Space and formation of replacement access for the dwelling Fairfield.  The consent was granted subject to the prior signing of a Section 106 agreement and a number of conditions. 

The current definitive line of the footpath had been unavailable for several decades.  The path was obstructed by a large building and than ran across the forecourt of the garage site to the A50 Newcastle Road. A permissive route had been in place for many years.  The section of footpath to be diverted was approximately 63 metres.  When the development takes place, the current definitive line would be obstructed by two houses and run across the cartilage of a number of properties in the development.

The proposed route would leave Newcastle Road and run along a pavement for approximately 35 metres before turning to run in a south westerly direction across a public open space for approximately 17metres.  As it left the open space, it then crossed a road and ran between houses for approximately 32 metres.  It then turned to run in a south easterly direction for approximately 17 metres to rejoin the existing line of Public Footpath No.2 at the stile which led into the adjacent landowner’s field.  

The section of the footpath from Newcastle Road to the southern side of the road (before it runs between the houses) would have a width of 2 metres.  The section between the houses would have a width of 3 metres and then the final section which runs in a south easterly direction at the rear of two houses would have a width of 2.5 metres.  The majority of the diverted paths surface would be tarmac, the short section through the public open space would be gravel.  The length of the proposed route was approximately 102 metres.

The Committee noted that no objections had been received from the informal consultations and concluded that it was necessary to divert part of Public Footpath No. 2 Arclid to allow the development to be carried out.  It was considered that the legal tests for the making and confirming of a Diversion Order under section 257 of  ...  view the full minutes text for item 39