Agenda and minutes

Public Rights of Way Committee
Monday, 12th June, 2017 2.00 pm

Venue: Committee Suite 1,2 & 3, Westfields, Middlewich Road, Sandbach CW11 1HZ. View directions

Contact: Rachel Graves  Democratic Services Officer

Link: Audio recording

Items
No. Item

1.

Apologies for Absence

To receive any apologies for absence

Minutes:

Apologies were received from Councillors D Flude and T Fox.

2.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Minutes:

Councillor M Hardy, in the interests of openness in relation to Item 7, declared that he was the Ward Councillor and had worked with local residents in respect of the planning application but had no input in the diversion application.

3.

Minutes of Previous meeting pdf icon PDF 107 KB

To approve the minutes of the meeting held on 13 March 2017

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 13 March 2017 be confirmed as a correct record and signed by the Chairman.        

 

4.

Public Speaking Time/Open Session

Member of the public may speak on a particular application after the Chairman has introduced the report, provided that notice has been given in writing to Democratic Services by 12 noon one clear working day before the meeting.  A total of 6 minutes is allocated for each application, with 3 minutes for objectors and 3 minutes for supporters.  If more than one person wishes to speak as an objector or supporter, the time will be allocated accordingly or those wishing to speak may agree that one of their number shall speak for all.

 

Also in accordance with Procedure Rule No. 35 a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.  Members of the public are not required to give notice of the intention to speak, however as a matter of courtesy, a period of 24 hours notice is encouraged.

 

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given. 

 

 

Minutes:

The Chairman advised that he would invite those registered to speak to come forward to speak when the application was being considered by the Committee.

5.

Town and Country Planning Act 1990 Section 257: Application for the Diversion of an Unrecorded Footpath, Church Lane, Wistaston pdf icon PDF 417 KB

To consider the application to divert an unrecorded footpath at Church Lane, Wistaston

Additional documents:

Minutes:

The Committee considered a report which detailed an application from Gladman Developments Ltd requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert an Unrecorded Footpath on land off Church Lane, Wistaston.

 

In accordance with Section 257 of the Town and Country Planning Act 1990 the Borough Council, as Planning Authority, can make an Order diverting a public right of way 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 applied for or granted.

 

Planning approval had been granted for an outline application for a proposed residential development of up to 300 dwellings, site access, public open space, landscaping and associated infrastructure – planning reference 14/3024N.

 

The footpath was not currently recorded on the Definitive Map, but was the subject of a Definitive Map Modification Order application, which had been submitted in July 2015 by Mr FP Alcock.

 

The Committee, at its last meeting, had deferred making a decision on an   application to divert the Unrecorded Footpath to allow residents to negotiate with the developers on the position of the proposed diversion and to allow for advice and clarity to be sought from the planning officer regarding the diversion and whether it complied with the conditioned plans.

 

Following the meeting, the Applicant had met with one of the Ward Councillors and a representative from the local residents.  This had resulted in a second application being submitted, which had amended the proposed diversion so that the section of footpath running easterly from Public Footpath No.1 to points E and F would now run behind the houses on Church Lane – as shown as J-K-L on Plan TCPA/038(2), and within a green corridor which would be made up of a 3 metre wide tarmacked path within a 6 metre wide green zone with private drives to the north and the connecting properties facing southerly onto the drives and the footpath.

 

The remaining part of the proposed diversion would remain the same as the previous application.  The intent of which was to retain the nature of the claimed path as a circular route with the northern and western lengths still running through an undeveloped green zone, although the southern alignment would be more urban in character. 

 

Councillor M Simon, Ward Councillor, thanked the Committee for their decision to defer the application as further discussions with Gladman had resulted in an amended plan which local residents were happy with.  She thanked Gladman for their support and co-operation in assisting them to reach a resolution that couldn’t have led to a better outcome.  In addition she had been asked by Peter Wainwright who attended the last meeting to seek clarification in respect of the bowling green hedge which currently was maintained by the bowling club.  As a result of the proposal one side of the hedge would be in the footpath area and therefore  ...  view the full minutes text for item 5.

6.

Town and Country Planning Act 1990 Section 257: Application for the Diversion of Public Footpath No. 48 (Part) Parish of Haslington pdf icon PDF 347 KB

To consider the application to divert part of Public Footpath No.48 in the parish of Haslington

Additional documents:

Minutes:

The Committee considered a report which detailed an application from Stewart Milne Homes 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.48 in the parish of Haslington.

 

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as Local Planning Authority, could make an Order diverting 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 applied for or granted.

 

Planning approval had been granted for a reserved matters application for the erection of 40 dwellings comprising of 1, 2, 3, 4 and 5 bedroom houses, open space and associated works – planning reference 16/4729N.

 

The existing alignment of the footpath would be affected by the housing development.  Due to the size and layout of the site it was not possible to retain the footpath on its current alignment.  Part of the affected footpath ran through Yew Tree Farm and had been obstructed by outbuildings for many years, although there had always been a route available to use.  The farm and the yard would remain unaffected but the land on three sides would be developed.  The diversion would take the footpath along the boundary of the site, abutting open fields – points C-D-B on Plan No.TCPA/039.

 

The proposed route would be 2 metres wide with timber edging and a compacted stone surface. There would be a 2 metre wide buffer zone from the base of the adjacent hedge to the north west side of the path.  The hedge would be maintained to a height of 1.2 metres.  The fence boundaries to the south east side of the path and the rear and sides of the adjacent properties would be no higher than 1.8 metres.

 

The Committee considered the application and concluded that it was necessary to divert part of Public Footpath No.48 Haslington to allow for the erection of 40 dwellings, open space and associated works as detailed within planning reference 16/4729N.  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.48 Haslington, as illustrated on Plan No.TCPA/039, on the grounds that it is necessary to do so in order to enable development to be carried out.

 

2        Public Notice of the making of the Order is 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  ...  view the full minutes text for item 6.

7.

Town and Country Planning Act 1990 Section 257: Application for the Diversion of Public Footpath No. 20 (part), Parish of Macclesfield pdf icon PDF 520 KB

To consider the application to divert part of Public Footpath No.20 in the parish of Macclesfield

Additional documents:

Minutes:

The Committee considered a report which detailed an application from Mr Simon Chandler of Chandler Harris LLP on behalf of Belong Ltd, Pepper House, Market Street, Nantwich 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.20 in the parish of Macclesfield.

 

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as Planning Authority, could make an Order diverting 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 applied for or granted.

 

Planning approval had been granted in August 2016 for a new 30 space surfaced car park – planning reference 15/5536M.

 

Mr John Evans spoke in support of the application and stated that he was representing a number of local residents who were all in support of the proposal.  He stated it would enable Belong to construct a long awaited car park which would assist in alleviating the parking issues around the locality, as well as restoring some normality to highway traffic around Kennedy Avenue, improve the safety for all road users in the immediate area and give the local residents some overdue respite from the ongoing park problems suffered.

 

The existing alignment of the footpath section proposed for diversion would be directly affected by the development of the car park.  The land over which the current route ran and over which the proposed diversion route would run was entirely owned by Cheshire East Council and written agreement for the diversion proposal had been secured from the Council.

 

The proposed new route would start within the public open space and then follow a direct line along the western perimeter of the car park to join Kennedy Avenue – points A-D on Plan No.TCPA/041.  The new route would have a width of 2 metres and would have a grass surface. 

 

The Committee considered the application and concluded that it was necessary to divert part of Public Footpath No.20 Macclesfield to allow for the provision of a 30 space surface car park, as detailed within planning reference 15/5536M.  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.20 Macclesfield, as illustrated on Plan No.TCPA/041, 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  ...  view the full minutes text for item 7.

8.

Town and Country Planning Act 1990 Section 257: Application for the Diversion of Public Footpath Nos. 4 and 5 (Parts) Parish of Haslington pdf icon PDF 336 KB

To consider the application to divert part of Public Footpath Nos.4 and 5 in the parish of Haslington

Additional documents:

Minutes:

The Committee considered a report which detailed an application from Mrs Olivia Starkey of Wright Marshall on behalf of the Cheshire Farm Service of Cheshire East Borough Council, requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath Nos.4 and 5 in the parish of Haslington.

 

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as Planning Authority, could make an Order diverting 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 applied for or granted.

 

Planning permission had been granted in March 2017 for the conversion of Hall ‘o’ the Heath Farm to form three new residential units – planning reference 16/5835N.

 

The existing alignment of the footpath sections proposed for diversion would be affected by the development of the residential property. The use of the land over which these footpath sections ran would change from farm operations to residential usage of communal areas and gardens.  The land over which the current route ran and over which the proposed route would run was entirely owned by Cheshire East Borough Council. 

 

The Committee considered the application and concluded that it was necessary to divert parts of Public Footpaths Nos.4 and 5 Haslington to allow for the conversion of the farm buildings, as detailed in planning reference 16/5835N.  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 parts of Public Footpath Nos.4 and 5 Haslington, as illustrated on Plan No. TCPA/040, 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.

9.

Public Rights of Way Annual Report 2016/17 and Work Programme 2017/18 pdf icon PDF 160 KB

To consider a report on the achievements of the Council in terms of its public rights of way functions during the year 2016-17 and the proposed work programme for the year 2017-18

Additional documents:

Minutes:

The Committee considered a report which detailed the achievements of the Public Rights of Way service during 2016-17 and set out the proposed work programme for 2017-18.

 

The Public Rights of Way Manager reported on the work carried out during 2016-17 by the Network Management and Enforcement Team and the Legal Orders Team. Specific performance was detailed in the Appendices to the report.

 

The budget for Public Rights of Way had remained as set throughout the year which had allowed the team to both plan spending and clear previous backlogs that had arisen.

 

RESOLVED:

 

That the Annual Report for 2016-17 be noted and the proposed Work Programme for the Public Rights of Way Team for 2017-18 be approved.