Agenda item

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

It was reported that the final sentence of paragraph 6.6 of the report - “The diversion would be made in the interests of the landowner” should be deleted.

The Committee considered a report which detailed an application from Mr B Nicholson of Pochins Developments Ltd, Brooks Lane, Middlewich, requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1980 to divert part of Public Footpath No.19 in the parish of Middlewich.

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 been granted for development of warehousing (including yard and office) – Planning Reference 15/2609C.  The section of Footpath No.19 to be diverted would be obstructed by the offices, warehousing and yard and a diversion would be required to preserve public access around the development.  The length of footpath proposed for diversion was approximately 262 metres of which 118 metres would be directly affected by the development.

The proposed diversion would skirt the perimeter of the new development, going through a landscaped area and then over grassland to exit via a kissing gate to ERF Way The route would continue on an unenclosed 2.5 metre strip of grassland to the north of the pavement terminating at a kissing gate.

Re-alignment of the footpath as proposed along the 2.5 metre of grassland would resolve a current mapping anomaly that routes the current definitive alignment to cross ERF Way twice, eliminating the need for the public to negotiate vehicular traffic on EFR Way. 

The reason for not placing the new route on the pavement was the two public highways could not be placed on the same alignment. One would need to be extinguished.  By placing the footpath to the north of the pavement, separated the two and preserved the public footpath rights.

The Committee concluded that it was necessary to divert part of Public Footpath No.19 Middlewich to allow the development to be carried out.  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 Middlewich, as illustrated on Plan No.TCPA/025, 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.