Agenda item

To consider the application to divert part of Public Footpath No.19 in the parish of Rainow

The Committee received a report which detailed an application from Mr R Gascoigne (agent) of Emery Planning Partnership Ltd on behalf of Mr W Horne, Further Harrop Farm, Bakestonedale Road, Rainow, 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.19 in the parish of Rainow.

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 the 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 permission had been granted to the applicant on 16 October 2014 by the Peak District National Park. The application is cited as Planning Permission Ref: NP/CEC/0814/0898 Erection of agricultural livestock building, associated alterations to immediate site levels, alteration to farm track along with part diversion of footpath (Rainow FP19). 

The existing alignment of Public Footpath No.19 Rainow would be directly affected by the construction of the planned sheep shed.  Therefore a footpath diversion was required to provide public access around the sheep shed.

The proposed new route would be approximately 48 metres long, just 5 metres longer than the current route and would take users around the sheep shed.  The route would be 2 metres wide throughout and would have a similar grass surface to the current route since it would cross the same pastureland no more than approximately 12 metres to the west of the current route. 

As part of the informal consultation the users groups had been consulted and no objections received.  East Cheshire Ramblers had suggested that a shallow depth of top soil be removed along the new route and replaced with stone to provide a solid foundation walkable in all seasons whilst acting initially as a clear indication of the line of the new footpath.  This would be on the understanding that in time grass would grow over the stoned section so the footpath would blend back into the surrounding pastureland. Given that the new route would run across similar ground to the current route and no issues had been reported to date, stoning of the new route was not deemed to be necessary.  East Cheshire Ramblers had also suggested that the new route be waymarked.  The need for waymarking would be reviewed in due course.

The Committee concluded that it was necessary to divert part of Public Footpath No.19 Rainow to allow for the erection of a sheep shed.  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.19 Rainow, as illustrated on Plan No. TCPA/022, 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.