Agenda item

To consider the application to divert temporarily Footpath No.29 in the parish of Siddington and Footpath No.23 in the parish of Lower Withington

The Committee received a report which detailed an application from Sibelco UK Ltd requesting the Council to make an Order under sections 257 and 261 of the Town and Country Planning Act 1990 to temporarily divert Public Footpaths No.23 Lower Withington and No.29 Siddington.

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as the Planning Authority, can make an Order 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.

In accordance with Section 261 of the Town and Country Planning Act 1990, the Borough Council, as Planning Authority, can make an order to divert a footpath if it was satisfied that it was necessary to do so for the purpose of enabling minerals to be worked.  The Council also had to be satisfied that the footpath concerned could be restored, after the minerals had been worked, to a condition not substantially less convenient to the public.

Public Footpaths No.23 Lower Withington and No.29 Siddington were currently the subject of a temporary diversion order made in 2007 and due to expire on 11 March 2013. 

The definitive line of the footpaths ran across an area identified for sand quarrying, which originally received planning permission in January 2007.  It was anticipated that quarrying would cease in 2011 and final restoration be completed in January 2013.  However, due to the recession and economic uncertainty, this area of quarrying had not been completed in the predicted timescales. 

Sibelco UK submitted a planning application for an extension in time for working and restoring the quarry (reference 10/3078W).  In June 2011 the Council’s Planning Committee had granted planning permission subject to the updating of the s.106 agreement tied to the original consent in 2007.  The s.106 agreement is still being negotiated and planning permission will only be issued following completion of the agreement.  The proposed temporary diversion order can only be made once the planning permission has been issued.  Approval to make an Order was being sought so that the Order may be progressed swiftly following the grant of planning permission.

When the planning permission for the extension to the life of the quarrying is in place the continued diversion of the footpaths was required in order to enable the extraction to go ahead.  It was anticipated that restoration would be completed by 31 December 2018.  By which time the Definitive footpaths would be available on their original alignment and would follow a route around a newly constructed lake and nature conservation area.

It was considered that the legal tests for the making and confirming of a Diversion Order under section 257 and 261 of the Town and Country Planning Act 1990 were satisfied.

RESOLVED: That

1          Subject to the granting of planning permission pursuant to application ref 10/3078W, an Order be made under Section 261 and 257 of the Town and Country Planning Act 1990 to divert Public Footpaths No.29 Siddington and No.23 Lower Withington, as illustrated on Plan No.TCPA/012, on the grounds that the Borough Council is satisfied that it is necessary to do so for the purpose of enabling minerals to be worked and that the footpaths concerned can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public.  An Order will not be made until the planning permission has been issued.

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 Act.

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.