Issue - meetings

To consider the application to divert part of Public Footpath No.9 in the parish of Ridley

The Committee received a report which detailed an application from Mr Robert Latham, Ridley Bank Farm, Wrexham Road, Tarporley, requesting the Council to make an Order under section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.9 in the parish of Ridley.

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 to the applicant in May 21012 (Planning Permission Ref: 12/1235N) for the erection of a cattle shed at Ridley Bank Farm and the existing alignment of Public Footpath No.9 Ridley would be affected by the construction of the cattle shed. 

The proposed route was approximately 407 metres long and would take users away from the cattle shed whilst allowing them to follow a distinct boundary hedge before crossing a pasture field to meet the current footpath in the south west field corner – as shown on Plan No.TCPA/011.

The Committee noted that no objections has been received from the informal consultations and concluded that it was necessary to divert part of Public Footpath No.9 Ridley 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 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.9 Ridley, as illustrated on Plan No.TCPA/011, on the grounds that the 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 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 nay hearing or public inquiry.