Issue - meetings

To consider the application to divert part of Public Footpath No.5 in the parish of Odd Rode

The Committee received a report which detailed an application from Mr Geoffrey Harvey of 14 Salop Place, Kidsgrove, Stoke on Trent, 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.5 in the parish of Odd Rode.

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 February 21012 (Planning Permission Ref: 11/4517C) for the development of a detached dwelling at Higher Bank Farm, 54 Scholar Bank, Scholar Green.  The existing alignment of Public Footpath No.5 Odd Rode would be affected by the construction of the new dwelling. 

Part of the current line of the footpath at Higher Bank Farm was unavailable at several points due to demolition remains and an obstructing building.  The planned development would result in the path being further obstructed.  Therefore the footpath diversion was required to resolve these issues by providing a public access between the building for which planning consent had been granted and a further building that was intended in the future.  The length of the footpath to be diverted was approximately 68 metres.

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.5 Odd Rode 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.5 Odd Rode, as illustrated on Plan No.TCPA/010, 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 any hearing or public inquiry.