Issue - meetings

To consider the application to divert part of Public Footpath No.11 in the parish of Basford, and to extinguish Public Footpath No.2 in the parish of Shavington cum Gresty

The Committee received a report which detailed an application from Goodman Limited (the Applicant) 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.11 in the parish of Basford and to extinguish Public Footpath No.2 in the parish of Shavington cum Gresty.

In accordance with Section 257 of the Town and Country Planning 1990, the Borough Council, as the Planning Authority, can make an Order diverting a footpath if it is satisfied that it is 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 for ‘Outline Application for Warehousing and Distribution (B8), Manufacturing (B2) and Light Industrial/Office (B1) Development, Construction of Access Roads, Footpaths and Rail Infrastructure, Import of Soil Materials, Heavy Goods Vehicle and Car Parking and Landscaping/Habitat Mitigation’ and ‘Outline application for residential development (up to 370 units), Offices (B1), local centre comprising food and non-food retail (A1) and restaurant/public house (A3/A4), hotel (C1), car showroom and associated works including construction of new spine road with accesses from Crewe Road and A500, creation of footpaths, drainage including formation of SUDS, foul pumping station, substation, earthworks to form landscaped bunds, provision of public open space and landscaping’.

The proposed diversion of Public Footpath No.11 Basford was necessary to accommodate the storm water balancing ponds. The proposed diversion would leave the new adopted highway and pass between two of the ponds before rejoining the existing line of Basford FP11. 

The proposed extinguishment of Public Footpath No. 2 Shavington cum Gresty was necessary to accommodate the proposed local centre (food retail, restaurant/public house) and spine road.  Public access would remain along the new roads on pavements which would be adopted.

The Committee concluded that it was necessary to divert part of Public Footpath No.11 Basford and extinguish Public Footpath No.2 Shavington cum Gresty 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.

The Committee unanimously

RESOLVED: That

(1)       An Order is made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.11 Basford and extinguish Public Footpath Shavington cum Gresty No.2, as illustrated on Plan No.TCPA/0014, 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 eh 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.