Agenda item

To consider the application to divert part of Public Footpath No.11, in the parish of  Knutsford

The Committee received a report which detailed an application from Mr Steve Bowers (agent) of CBO Transport Ltd on behalf of Mr H Brooks (applicant) of The Tatton Estate, Peover Estate Office, nr Knutsford, 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.11 in the parish of Knutsford.

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 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. 

The applicant had applied for planning permission for the erection of a high quality residential development with associated woodland buffer, ecological mitigation and enhancements and open spaces – planning reference 13/2935M.  Planning permission had not yet been granted for this application.

The existing alignment of Public Footpath No.11 Knutsford would be directly affected by the construction of the planned residential development.  The land was owned by the same owners as The Tatton Estate.  It would be necessary to realign the path via diversion to preserve right of passage between points A and B, as shown on Plan No.TCPA/021.  The new route would have a width of 2.5 metres with a 1.2 metre wide timer lined surface (type to be confirmed) running along the centre.  It would run through a landscaped area and would have grass to either side. 

John White, Ramblers Footpath Secretary and Mid Cheshire Footpaths, spoke in relation to the application, stating that the footpath was an important path as it linked the urban area with countryside and was part of the North Cheshire Way and asked that any diversion proposed should keep the character of the present footpath.

Consultation had not elicited objections to the proposals from the local ward councillors and statutory undertakers.  The CTC had questioned the possibility that the proposed route may be suitable as a cycle route if upgraded as would provide a link to either Broadoak Lane or the B5085.  The Council had explained that it was only part of the footpath that was being diverted and that the remainder of the footpath crossed pasture land and belonged to another landowner. 

The Committee was concerned how the proposed footpath diversion would fit in with the layout and design of the development as no details on this had been presented to the Committee.  It was agreed that the application be approved, subject to the Chairman and Vice Chairman seeing and agreeing that the proposed footpath route through the development was the best option.  

The Committee unanimously

RESOLVED:  That delegation be given to the Chairman and Vice Chairman to

1.         approve that an Order be made under Section 257 of the Town and Country Planning Act 1990, on condition that approval is granted for Planning Application 13/2935M to divert part of Public Footpath No.11 Knutsford, as illustrated on Plan No.TCPA/021, 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 pubic inquiry.