Agenda item

To consider the application to divert parts of Public Footpaths No.2 and 3 in the parish of Hulme Walfield

The Committee considered a report which detailed an application from Mr Stuart Hough of Bloor Homes, 2-4 Whiteside Business Park, Station Road, Holmes Chapel, Cheshire, requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert parts of Public Footpath Nos.2 and 3 in the parish of Hulme Walfield.

In accordance with Section 257 of the Town and Country Planning Act 1990 the Borough Council, as Planning Authority, can make an Order diverting a public 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 which had been applied for or granted.

It was report that in paragraph 9.4 of the report the wording ‘Planning Permission Ref 62/3107C’ should read ‘Planning Permission Ref 16/3107C’.

Planning permission had been granted on 15 May 2017 for a residential development on land between Gaintswood Lane and Manchester Road, Hulme Walfield - planning reference 16/3107C.

The existing alignment of the footpaths would be directly affected by the construction of the residential development.  Bloor Homes owned the land over which both the current footpaths and proposed diversion route ran.  Public Footpath No.2 Hulme Walfield would be specifically obstructed by a water pumping station required for the planned residential development and part of the footpath would also run across the entrance estate road of the new development. Furthermore, topographical changes in the land to the east of the hedge line along which it currently ran would render the land unsuitable to carry the footpath in future.

Part of Public Footpath No.3 Hulme Walfield would also run across the entrance estate road and was required to be diverted to eliminate this and to link to the diversion route of Public Footpath No.2 Hulme Walfield.

The developer was presently installing a footpath along the line of the proposed diversion for Public Footpath No.2 Hulme Walfield  to provide users with an alternative footpath whilst the current path was closed on health and safety grounds whilst the development was built.  If the diversion was approved, this would become the new route and it was the intention of the developer to upgrade to bridleway status. 

The Committee considered the application and concluded that it was necessary to divert parts of Public Footpath Nos. 2 and 3 Hulme Walfield to allow for residential development, as detailed in planning reference 16/3107C.  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 parts of Public Footpath Nos. 2 and 3 Parish of Hulme Walfield, as illustrated on Plan No.TCPA/042, 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.