Issue - meetings

To consider an application for the diversion of Public Footpath No, 1 (part) in the parish of Hankelow

The Committee received a report which detailed an application from Mr Andrew Jones (the Agent) of CAS Estates on behalf of Mr Ian Glennister (the Applicant) of Lanyon Bowdler Solicitors, 39-41 Church Street, Oswestry requesting the Council to make an Order under section 257 of the Town and Country Planning Act 1990 to divert Public Footpath No.1 in the parish of Hankelow.

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 submitted for proposed barn conversions (Planning Permission Ref: 11/3818N) at Manor Farm, Hall Lane, Hankelow.  The existing alignment of the footpath would be directly affected by the proposed construction of a garage block which would be developed in the interest of the Applicant who owned the land over which ran this section of the footpath.  The construction of the garage block would obstruct the line of the footpath and therefore a path diversion was required to provide public access around the garage.  The length of footpath proposed to be diverted was approximately 30 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.1 Hankelow to allow 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 the Town and Country Planning Act 1990 were satisfied. 

RESOLVED:  That

(1)       an Order be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.1 Hankelow, as illustrated on Plan No.TCPA/009, on the grounds that the Borough Council is satisfied that it is necessary to do so to allow development to take place on the condition that planning consent is given.

(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 Acts.

(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.