Agenda item

To consider the application to divert parts of Public Footpaths No.8 and 9 in the parish of Mottram St Andrew

The Committee considered a report which detailed an application from Kitson Architecture Ltd, acting as agent for Mottram Hall Limited, requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert parts of Public Footpaths Nos.8 and 9 in the parish of Mottram St Andrew.

In accordance with Section 257 of the Town and Country Planning Act 1990, 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 applied for or granted.

A planning permission had been granted for the extension of Mottram Hall Hotel to provide new meetings rooms with enlargement of existing function suite; an extension to provide 34 new bedrooms; refurbishment of south wing to provide 15 additional bedrooms; alterations to the main entrance/reception area; 52 additional car parking spaces, and a new service hub and yard - planning reference 16/2236M. 

The proposed diversions were necessary to accommodate the extension of the hotel and associated diversions of the existing internal road and a new service hub and delivery yard and avoid adverse impact on the older parts of the listed building and to allow large delivery and refuse vehicles to access a central service hub.  The diversion was a minor realignment of the Footpaths taking them slightly further to the north to run from the golf course at the eastern end of the site (Point A on Plan No. TCPA/035)  along a new pavement adjacent to the internal road and crossing this road to descend diagonally across a banked grassed area to Point C and then alongside the car park to its westerly end through a small wooded area across a stream and rejoining the existing alignment of Footpath No.9 to the east of a golf cart track (Point D)

The current alignment of Public Footpath No.9 Mottram St Andrew had been unavailable for some time and consequently pedestrians had been using a route across the car park in the meantime. The original alignment had been diverted by Macclesfield Borough Council in 1990 when a previous expansion of the Hotel was approved.

The Committee considered the application and concluded that it was necessary to divert part of Public Footpaths Nos.8 and 9 Mottram St Andrew to allow for the construction of an extension to the hotel building and the development of a new service yard and hub.  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 Footpaths Nos.8 and 9 Mottram St Andrew, as illustrated on Plan No. TCPA/035, 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.