Agenda item

To consider the application to divert part of Public Footpath No.24 in the parish of Prestbury

The Committee received a report which detailed an application from J Hinds (agent) of Savills UK Ltd on behalf of Kings School, Cumberland Street, Macclesfield, 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.24 in the parish of Prestbury.

In accordance with Section 257 of the Town and Country Planning Act 1980, the Borough Council, as Planning Authority, could 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.

A planning application had been submitted for the construction of a new school comprising classrooms, libraries and supporting facilities together with additional playing fields and various associated outbuildings, infrastructure, car parking and access – Planning reference 15/4286M.  Planning permission had not yet been granted and therefore any Order made would be only made operable on condition that planning permission was granted.

The existing alignment of Public Footpath No.24 would be obstructed by the proposed new school building and therefore a public footpath diversion would be required to preserve public access around the school.  The length of footpath proposed to be diverted was approximately 210 metres of which 60 metres would be directly affected by the development.  The proposed new route would be 3 metres wide with a 1.2 metre wide stone surface with timber edging, laid within the 3 metre width.  Either side of the stoned surface would be grass.  A post and three rail sawn fence with sheep netting would be installed to the west of the footpath to prevent interaction between school personnel and path users such that security and privacy for both would be enabled.  Agricultural gates would be installed within the fence for use by school staff to access the footpath and surrounding land for maintenance and other operational requirements. 

Prestbury Parish Council had been consulted on the proposed diversion and had registered objection on the basis that is was not justifiable at this time.  However, after discussion to explain that the path would need to be diverted if the development was granted planning permission and that the diversion need to be considered at this time the Parish Council agreed to reconsider the proposal again.  It was reported that the Parish Council would not be meeting until after the Committee had considered the application. 

Other than Prestbury Parish Council, no other objections had been registered, although the East Cheshire Group of the Ramblers made this conditional on granting of planning permission.

The Committee considered the application and concluded that it would be necessary to divert part of Public Footpath No.24 Prestbury if planning permission was granted 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. 

As Prestbury Parish Council had indicated that they would respond to the informal consultation and to allow for their response to be considered, the Committee was therefore asked to delegate the decision to the Public Rights of Way Manager, in consultation with the Chairman and Vice Chairman to allow the response to be considered in reaching a final decision.

The Committee unanimously

RESOLVED:  That

1          the decision be delegated to the Public Rights of Way Manager, in consultation with Chairman and Vice Chairman.

2          If an Order is made, 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 be the said Acts.

4          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.