Agenda item

To consider the application for the diversion of part of Public Footpath No.29 in the parish of Sandbach

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 received a report which detailed an application from Ms Hannah Chadwick (agent) of JRC Architects on behalf of Mr Michael Barrow, Picframes.co.uk, Unit 7, Gate Farm, Wettenhall Road, Nantwich 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.29 in the parish of Sandbach.

In accordance with Section 257 of the Town and Country Planning Act 1980, the Borough Council, as 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 on 17 August 2015 for the development of an industrial unit and associated car parking – Planning Permission Ref: 15/2960C.  The current line of Public Footpath No.29 Sandbach would be obstructed by the industrial unit.  Therefore a footpath diversion was required to preserve public access through the development.  The length of footpath to be diverted was 87 metres.   

The proposed diversion would run along the southern perimeter of the development area and would be enclosed within a 3 metre wide corridor by a 2.4 metre high palisade security fencing and would be surfaced with compacted hardcore.  The corner along the new route would have a 3 metre radius to ensure good visibility for users.  The proposed diversion would have a length of approximately 82 metres.

Councillor Gail Wait had expressed concern about the placement of a 2.4 metre fence along the rear of neighbouring properties and recommended that residents be consulted. This concern was exacerbated from a previous situation whereby a metal fence bounding a local scrapyard was increased in height.  The fencing would be the same type and height as the fencing that was in place at present although it would be moved 2 metres further away from the rear of the properties.

Sandbach Town Council had been consulted on the proposal but their meeting would not be taking place until after the Public Rights of Way had considered the application.

The Committee considered that application and concluded that it was necessary to divert part of Public Footpath No.29 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 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.29 Sandbach, as illustrated on Plan No.TCPA/026, on the grounds that the Borough Council is satisfied that it is necessary to do so to allow development to take place on condition that no adverse comments are received from Sandbach Town Council.

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.