Agenda item

To consider the application to diver part of Public Footpath No.11 in the parish of Sandbach

The Committee considered a report which detailed an application from Weightmans LLP as Agent for Barratt Homes 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.11 in the parish of Sandbach.

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 it if 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 the construction of 246 houses and associated infrastructure – Planning Applications 12/3948C and 15/3531C. The proposed diversion was required to accommodate the layout of the housing development which directly affected the footpath. 

When the Reserved Matters stage of the development was first applied for the proposal for accommodating the footpath was to divert it along the footways of the highways network within the site, which was objected to as it was contrary to the Defra Guidance that “any alternative alignment should avoid the use of estate roads for the purpose wherever possible and preference should be given to the sue of made up estate paths through landscaped or open space areas away from vehicular traffic.”

A meeting was held with representatives from the developers and their agents to agree a revised proposal based upon the best achievable outcome within the limits of the development layout and substantially reduced the extent of the diversion corresponding with the highway network.

As far as possible the diversion had been designed to take the public footpath along estate paths, separate from the highways infrastructure.  The section of path A to B, as shown on Plan No.TCPA/024, would be a 2 metres wide tarmacked path within a green corridor separated from the A534 by an existing hedge line and approximately 6 metres of highway verge on the roadside and 3 metres on the development side.  Section B to C would be along a footway and across an estate road to link with a woodland edge path from point C to D. This section would mostly be 2 metre tarmacked surface becoming timber edged ‘hoggin’ surfaced path for the last 20 metres with a width of 1.5 metres. The path then re-joined the existing Public Footpath No.11 crossing the estate road and followed a 2 metre wide tarmacked path to its junction with Old Mill Road.

Councillor S Corcoran had initially objected to the proposal as the new route took the path closer to the A534 and along a less natural route.  Details of the specifics of the proposed path, its background and the criteria for diversion under the Town and County Planning Act were provided to Councillor Corcoran, who responded that he welcomed the additional on-site informal woodland paths that were to be included as part of the site development but wished to see these paths taken on and managed by Cheshire East and without this assurance he would maintain his objection.  The woodland paths did not form part of the diversion application. 

Sandbach Town Council objected to the proposals on the basis that the information provided was inadequate and moving the path closer to the A534 would be detrimental to the quality of the walk.  Additional details of the alignment of the proposed new path and the criteria for a diversion under the Town and Country Planning Act were supplied to the Town Council. 

The Ramblers’ Association objected to the proposal as they felt the diversion would fail for not complying with Defra guidelines and the at the information they had was rather poor.  There had been some confusion as the Council’s Planning Website had not been updated to show the updated proposed footpath diversion.

Sandbach Footpath Group had objected to the proposal on the grounds of it becoming ‘negated’ as a field or country path; the path directly adjacent to the A534 was merely a ‘pavement’ and elsewhere as an ‘estate road footway’ and there being no access to the continuation of the path that ran through the estate to the west of Old Mill Road.  The Footpath Group also had a desire to see enhancements to the proposal by linking into new paths that could be included through Offley Wood, on the southerly fringes of the site and also linking across the larger expanse of the ‘Capricorn’ development site to join Public Footpath No.14 Sandbach to the south west.  Offsite road improvement work would include a traffic island opposite to the point where the footpath joins Old Mill Road (A534) which would assist people crossing the road to link with the footpath continuation to the west. Barratt Homes were not involved in the whole of the Capricorn development and did not have control over the interlinking land between the site and the land where Footpath No.14 ran.  The Footpath Group welcomed the woodland paths planned within the development  and said they would withdraw their objection provided these were taken on and managed by Cheshire East Council.

The Committee considered the application and concluded that it was necessary to divert part of Public Footpath No.11 Sandbach 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 by majority

RESOLVED: That

1          An Order is made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.11 Sandbach, as illustrated on Plan No.TCPA/024, on the grounds that the Borough Council is satisfied that it is necessary to do so in order to enable development to be carried out.

2          Public Notice of the making of the Order is 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.