Agenda item

To consider an application to divert part of Public Footpath No.9 in the parish of Arclid

The Committee considered a report which detailed an application from Mr R Bright (agent) on behalf of Bathgate Silica Sand Ltd 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.9 in the parish of Arclid.

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 applying for a ‘southern eastern extension to existing silica sand workings at south Arclid, Arclid Quarry’ – planning reference 09/2291W, and granted on 20 February 2013.

Part of Public Footpath No.9 Arclid was temporarily aligned on a different route to its definitive alignment since it was diverted 30 years ago in 1986 under the Town and Country Planning Act, Sections 257 & 261 to enable sand extraction under the definitive line.

The 30 year temporary diversion of the Public Footpath No.9 would end on 4 July 2016. Thereafter the legal right of way would revert to the definitive alignment which was currently unavailable.  On that date, it would be formally closed via a temporary 6 month closure, to protect the public from dangers posed by ongoing quarrying operations, on condition that an alternative route would be provided for the public by Archibald Bathgate so that a walkable route was available at all times whilst the definitive route was closed.  It was understood that this would initially comprise Hemmingshaw Lane until the route of the proposed diversion had been made available on the ground which could then be used on a permissive basis until the legal process had been completed.

Any Order made would be made after the expiry date of the 30 year temporary diversion and would detail the diversion of the definitive alignment, not the 30 year temporary diversion. 

The land over which the current route ran and over which the proposed route would run was part owned by Archibald Bathgate Silica Sand Ltd and partly owned by Mrs E Beresford of Arclid Hall Farm.  Mrs Beresford has consented to the diversion going ahead across the parts of land in her ownership.

The land over which ran the existing alignment of the footpath section proposed for division would be re-developed on completion of the sand excavations to recreate and re-landscape the excavated area accommodating the proposed diversion route for Footpath No.9 Arclid

The Committee considered the application and concluded that it would be necessary to divert part of Public Footpath No.9 Arclid to allow for the excavations of sand beneath the land.  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          That after 4^th July 2016 when the long term temporary diversion of the definitive route for Public Footpath No.9 Arclid will expire, an Order be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.9 Arclid, as illustrated on Plan No. TCPA/030, on the grounds that the Borough Council is satisfied that it is necessary to do so to allow development to take place.  That this Order be confirmed and made operable on the condition that planning permission is granted.

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.