Issue - meetings

To consider the application to divert part of Public Footpath No.2 in the parish of Shavington cum Gresty

The Committee received a report which detailed an application from Mr Peter Barlow of Wainhomes (North West) Ltd (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.2 in the parish of Rope.

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 was granted to the Applicant following appeal to the Applicant on 28 November 2012 – Planning Permission Ref: 11/4549N, for the development of 80 residential dwellings. 

Part of the current line of Public Footpath No.2 Rope would be obstructed by the residential buildings.  Therefore a footpath diversion was required to preserve public right of access from Rope Lane to Public Footpath No.7 Shavington cum Gresty.

The proposed new route would take users through the new development allowing them passage between Rope Lane and Public Footpath No.7 Shavington cum Gresty.  The route would be 2 metres wide throughout and would be tarmaced.

The Committee noted that the Ward Member – Councillor D Brickhill, had responded to the proposal, raising concerns associated with difficulties caused by antisocial behaviour on the current path and requested that consideration be given to the path being closed/extinguished.  

Shavington cum Gresty Parish Council had registered objection to the proposal, raising similar concerns about antisocial behaviour and also concern about the drainage ditch on the current route.  They also raised questions about the planning process in relation to the path diversion.

The Committee considered the objections from Councillor Brickhill and Shavington cum Gresty Parish Council and concluded that it was necessary to divert part of Public Footpath No.2 Rope 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 by majority

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.2 Rope, as illustrated on Plan No.TCPA/015, 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.