Issue - meetings

To consider the application to divert part of Public Footpath No.91 in the parish of Wilmslow

The Committee received a report which detailed an application from Mr D Short (agent) of The Emerson Group on behalf of Greystone UK Limited, 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.91 in the parish of Wilmslow.

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 on 30 May 2013 – Planning Permission Ref: 12/1578M, for the development of a care home village comprising of a gated community of residential dwellings and a care home.

The existing alignment of the footpath would be directly affected by the development of residential dwellings which would form part of a care community within the wider development of a Care Community Village.  The footpath diversion was required to preserve the public right of way between Coppice Way and Hall Lane by diverting it around the western perimeter of the care community.  The land was currently owned by the RK Wadsworth Will Trust and written permission to divert the path on their land as proposed had been submitted by Mr T Rickard on behalf of the trustees.

The Committee concluded that it was necessary to divert part of Public Footpath No.91 Wilmslow 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 be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.91 Wilmslow, as illustrated on Plan No.TCPA/016, 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 any objections to the Order being received and not resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.