Agenda item

To consider the application to divert part of Public Footpath No. 3 in the parish of Bollington

The Committee received a report which detailed an application from Mr Dominic Shaw (agent) of Bower Martin Partnership on behalf of Rowlinson Construction Ltd, London House, London Road, Poynton, requesting the Council make an Order under Section 257 of the Town and Country Planning Act 1980 to divert part of Public Footpath No.3 in the parish of Bollington.

Further to this, for the reasons of public interest, Cheshire East Council proposed that the diversion of a further two parts of Public Footpath No.3 Bollington be included within this Order providing the proposals were unopposed following informal consultation.

In accordance with Section 257 of the Town and Country Planning Act 1980, 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.

Planning permission had yet to be granted to Rowlinson Constructions Ltd for a residential development.  The application was cited as Planning Permission Ref: 14/3844M.  The details of the application were for the development of 33 new residential dwellings including 8 apartments, improvements to land levels, amenity, infra-structure and landscaping to suit. The Growth and Infrastructure  Act 2013 allowed for the consideration of the request to divert a public footpath prior to the obtaining planning consent.

Part of the current line of Public Footpath No.3 Bollington would be obstructed by buildings within the proposed residential development and therefore a footpath diversion was required to preserve public access around the residential development.    The land over which the current route ran and over which the proposed route would run was entirely owned by Rowlinson Constructions Ltd. 

The length of footpath proposed for diversion (points A-B-C) was approximately 170 metres.  The proposed new route would be shorter than the current route by approximately 31 metres and would take users along a route that skirted the north and west of the residential development following the meandering River Dean to meet the current route.  The new route would have a width of 2 metres and have a grass surface.

It was considered desirable to raise the footpath onto a bank to help minimise flood risk.  However, recently, the Council had been informed that the Environment Agency required an 8 metre clearance zone on either side of a river to allow access for maintenance etc. and raising the bank for the footpath would affect this zone.  Further discussions would be required to determine whether a raise bank would therefore be possible.  Were it not, then it should be noted that the opposite bank of the river is lower than that onto the development and proposed new route would be located so would naturally hold any flood water.

The existing alignment of the footpath sections proposed for diversion by Cheshire East Council were currently obstructed by the River Dean, which over the years had changed course.  The land over which these sections ran and over which the proposed route would run belonged to Mr GA Waller, who had given his written agreement to allow the paths to be diverted.  The proposed route would take users along the southern river bank, following the alignment currently used by the public on an informal basis.  The route would be 2 metres wide and have a grass surface. 

Rowlinson Constructions Ltd had agreed to allow these proposals to be progressed with their diversion proposals provided that their application was not affected nor any additional costs incurred to them.

Informal consultation had been completed on the section of path to be diverted for the housing development.  The users groups had been consulted and members of The Peak and Northern Footpath Society and the East Cheshire Ramblers Group had registered no objections to the proposals.  The informal consultation was still being carried out on the sections of paths to be diverted as proposed by the Council.

The Committee concluded that it was necessary to divert part of Public Footpath No.3 Bollington to allow for the development of 33 new residential dwellings.  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 190 were satisfied. 

The Committee unanimously

RESOLVED:  That

1          On condition that approval is granted for Planning Application 14/3844, an Order be made under Section 257 of the Town and Country Planning Act 1990 to divert parts of Public Footpath No.3 Bollington, as illustrated on Plan No.TCPA/023A, 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.