Agenda item

To consider the application to divert part of Restricted Byway No.1 in the parish of Eaton

The Committee considered a report which detailed an application from Wardell Armstrong LLP acting as agent for Tarmac Trading Ltd requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert part of Restricted Byway No.1 in the parish of Eaton.

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 public right of way 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.

Planning applications had been submitted applying for the extension of Eaton Hall Quarry to the north and south of the existing permitted extraction areas to the north of School Lane - planning reference 16/3298W, and to vary planning permission 5/APP/2004/0012 under section 73 of the Town and Country Planning Act 1990 (as amended) to develop land without compliance to conditions – planning reference 16/3282W.  These applications were due to be considered in January 2017.

A large section of the current alignment of Restricted Byway No.1 Eaton is the result of a Town and Country Planning Act Order made under section 257 by the Secretary of State for Transport in 2008.  This was undertaken in order to quarry the area under a planning permission granted in 2005.  This route extends across the proposed northern extension of Eaton Hall Quarry which is a proven deposit of nationally significant silica sand.  The current alignment of the Restricted Byway therefore constrains the extension of the site and if not diverted will effectively sterilise a substantial amount of nationally significant reserves.  The planning applications were to extend the scope and timescale for extraction to cover a 25 year period.

The proposed route would be 4 metres wide throughout and run parallel with the field boundary at approximately 4 metres distance to allow for the retaining of existing hedgerows and new planting.  There would be no gates or other restrictions along the route and it would be enclosed by hedging/fencing with a rolled sand/earth mix which would be seeded to provide a permanent grass surface.

Consideration had been given to the possibility of undertaking a temporary diversion under section 261 of the Town and Country Planning Act.  However it was felt that the permanent diversion proposal offered a better prospect of an improved route in the short and long term.

The Committee considered the application and concluded that it would be necessary to divert part of Restricted Byway No.1 Eaton to allow for the expansion of the existing sand quarry to access significant deposits of silica sand over a twenty five year period.  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 Restricted Byway No.1 Eaton, as illustrated on Plan No. TCPA/034, 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.  That this Order be confirmed and made operable on condition that planning permission is granted.

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.