Agenda item

To consider the application to extinguish pedestrian routes at the former Victoria Community High School, West Street, Crewe

The Committee considered a report which detailed an application from IBI Group acting as Agent for the Crewe Engineering and Design TC, requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1980 to extinguish four lengths of pedestrian routes that crossed the site of the former Victoria Community School on West Street, Crewe.

In accordance with Section 257 of the Town and Country Planning Act 1980, the Borough Council, as the Planning Authority, can make an Order extinguishing a pedestrian route that it considers to be a public right of way if it is satisfied that it was necessary to do so in order to enable development to be carried out in accordance with a planning permission that had been applied for or granted.

Planning permission had been granted for the demolition of former Newdigate and Meredith Buildings and the erection of a 3622 sqm. new educational building and associated car parking and landscaping work, alongside the refurbishment of the Oakley Building for use by the UTC former Victoria Community High School and the Oakley Centre, West Street, Crewe - Planning Application 15/4389N.  The paths to be extinguished currently passed through the proposed new college building and also passed through the area of the site which was to be defined by a secure perimeter, ensuring the safeguarding of pupils. 

The history of the site dated back to the late 1970s when sections of the existing streets were stopped up by Magistrate’s Court Order to prepare the way for the development of the new Victoria Community High School.  No formal access provision was set out through the school site; however it was not enclosed and remained highly permeable effectively allowing rights of access for pedestrians to develop.  The School stopped being an educational site in about 2009/2010 when it merged with another school and moved to a new site to become the Sir William Stanier Community School.  Since that time two of the buildings have been derelict and the Oakley Centre had been used by Cheshire East Council as a Community Centre. 

When the current development was in the planning stage, the Public Rights of Way department was approached for their comments on the status of the routes through the site.  It was considered that public rights of way had probably accrued.  Signs located on the site by Cheshire County Council stating ‘Private Property, Right of Way’ gave a strong indication that access had been acknowledged by the County as landowner.  On this basis it was recommended to the partnership working in conjunction to develop the University Technology College, that the routes should be formally closed.

At the same time it was agreed that one pedestrian route through the site was essential requisite in designing the new layout.  The route along the frontage of the site running east to west was a strange anomaly as it fell mostly within the school site landholding and yet also effectively served as the northern footway for West Street.  It was therefore essential that this route was retained for the public.

The pedestrian routes were currently the subject of a temporary closure order whilst site preparation works were underway and asbestos was removed from the buildings.  The order came into force on 7 December 2015 and expires after 6 months.  If the developer wished to extend this period of closure, an application must be made to the Department of Transport at least 4 weeks before the current expiry date.

The Committee considered the application and concluded that it was necessary to extinguish the sections of pedestrian routes, as illustrated on Plan No. TCPA/027, to allow for the demolition of existing buildings and the construction of a new educational building and associated car parking and landscaping.  It was considered that the legal tests for the making and confirming of an Extinguishment Order under section 257 of the Town and Country Planning Act 1990 were satisfied.

The Committee unanimously

RESOLVED: That

1          An Order is made under Section 257 of the Town and Country Planning Act 1990 to extinguish the pedestrian routes, illustrated on Plan No. TCPA/027, 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.