Agenda item

To consider the application to divert part of Public Footpath No.48 in the parish of Haslington

The Committee considered a report which detailed an application from Stewart Milne Homes requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.48 in the parish of Haslington.

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as Local 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.

Planning approval had been granted for a reserved matters application for the erection of 40 dwellings comprising of 1, 2, 3, 4 and 5 bedroom houses, open space and associated works – planning reference 16/4729N.

The existing alignment of the footpath would be affected by the housing development.  Due to the size and layout of the site it was not possible to retain the footpath on its current alignment.  Part of the affected footpath ran through Yew Tree Farm and had been obstructed by outbuildings for many years, although there had always been a route available to use.  The farm and the yard would remain unaffected but the land on three sides would be developed.  The diversion would take the footpath along the boundary of the site, abutting open fields – points C-D-B on Plan No.TCPA/039.

The proposed route would be 2 metres wide with timber edging and a compacted stone surface. There would be a 2 metre wide buffer zone from the base of the adjacent hedge to the north west side of the path.  The hedge would be maintained to a height of 1.2 metres.  The fence boundaries to the south east side of the path and the rear and sides of the adjacent properties would be no higher than 1.8 metres.

The Committee considered the application and concluded that it was necessary to divert part of Public Footpath No.48 Haslington to allow for the erection of 40 dwellings, open space and associated works as detailed within planning reference 16/4729N.  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 Footpath No.48 Haslington, as illustrated on Plan No.TCPA/039, on the grounds 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.