Agenda item

To consider the application on the proposed stopping up of part of Public Footpath No.1 Basford

The Committee received a report which detailed an application requesting the Council to make an Order under section 257 of the Town and Country Planning Act 1990 to stop up part of Public Footpath No.1 in the parish of Basford.

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

Planning Application Ref 12/4115N had been submitted by Cheshire East Borough Council for a dual carriageway road, known as Crewe Green Link Road (South), linking the A500 with the A5020.  Phase 2 of the development involved a connecting spur road which crossed the line of Public Footpath No.1 in Basford.

Planning permission was granted in January 2013 with the following condition: - “Development shall not begin on phase 2 of the development until details of proposals for the stopping-up of the affected section of public footpath Basford FP1 have been submitted to and approved in writing by the Local Planning Authority. 

Development of phase 2 not commence until this footpath has been stopped-up in accordance with the approved details.

Reason: In the interests of the PROW and pedestrian safety, and in accordance with Policies RT.9 (Footpaths and Bridleways) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.”

In order to facilitate the development of the proposed Crewe Green Link Road (South), a Compulsory Purchase Order titled “The Cheshire East Borough Council (Crewe Green Link Road South) Compulsory Purchase Order 2013” had been made under the Highways Act 1980 and the Acquisition of Land Act 1981 on 18 January 2013.  The area of land to be acquired pursuant to the Compulsory Purchase Order included the land where the stretch of footpath FP1 Basford was to be stopped up.

The Statement of Reasons accompanying the Compulsory Purchase Order stated “the western spur from the central roundabout as its terminus intersects a Public Right of Way (footpath FP1 Basford).  It is proposed that the route will be unchanged, except during construction when a temporary diversion will be required, however a stopping up order is to be progressed to cover the section inside the highway boundary which will have highways rights affecting it following construction of the spur road.”

The design of the spur road, a 30mph single carriageway, would accommodate the onward passage of pedestrians using Public Footpath No1 Basford, in order that use of the footpath was not hindered. A stopping-up of the section of footpath was required so that duplicate rights were not in evidence over the same land.

It was noted that no objections referencing the impact of the proposed road on the Public Footpath were received during the consultation on the planning application.  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. In the event of objection being received against the proposed stopping up Order, the Council would request the Secretary of State to determine the stopping up Order in parallel with the determination of the Compulsory Purchase Order. 

RESOLVED: That

1          An Order be made under Section 257 of the Town and Country Planning Act 1990 to stop up part of Public Footpath No.1 Basford, as illustrated on Plan No.TCPA/013, on the grounds that it is necessary to do so in order to enable development to be carried out in accordance with planning permission granted.

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 no resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.  Should this situation arise, the Council would request that the Secretary of State consider the Order in parallel with the Compulsory Purchase Order related to the scheme.