Agenda item

To consider the application to divert part of Public Footpath No.20 in the parish of Macclesfield

The Committee considered a report which detailed an application from Mr Simon Chandler of Chandler Harris LLP on behalf of Belong Ltd, Pepper House, Market Street, Nantwich 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.20 in the parish of Macclesfield.

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.

Planning approval had been granted in August 2016 for a new 30 space surfaced car park – planning reference 15/5536M.

Mr John Evans spoke in support of the application and stated that he was representing a number of local residents who were all in support of the proposal.  He stated it would enable Belong to construct a long awaited car park which would assist in alleviating the parking issues around the locality, as well as restoring some normality to highway traffic around Kennedy Avenue, improve the safety for all road users in the immediate area and give the local residents some overdue respite from the ongoing park problems suffered.

The existing alignment of the footpath section proposed for diversion would be directly affected by the development of the car park.  The land over which the current route ran and over which the proposed diversion route would run was entirely owned by Cheshire East Council and written agreement for the diversion proposal had been secured from the Council.

The proposed new route would start within the public open space and then follow a direct line along the western perimeter of the car park to join Kennedy Avenue – points A-D on Plan No.TCPA/041.  The new route would have a width of 2 metres and would have a grass surface. 

The Committee considered the application and concluded that it was necessary to divert part of Public Footpath No.20 Macclesfield to allow for the provision of a 30 space surface car park, as detailed within planning reference 15/5536M.  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.20 Macclesfield, as illustrated on Plan No.TCPA/041, on the grounds that the Borough Council is satisfied that it is necessary to do so to allow development to take place.

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.