Agenda item

To consider the application to divert parts of Public Footpath Nos.4 and 6 in the parish of Shavington cum Gresty

The Committee considered a report which detailed an application from Taylor Wimpey, Manchester Ltd requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpaths No.4 and 6 in the parish of Shavington cum Gresty.

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 reported that in paragraph 2.1 of the report the wording “TCPA/043A” should read “TCPA/043”, and in paragraph 3.2 “Unrecorded Footpath” should be deleted and replaced with “Shavington Footpaths 4 & 6 (parts)”.

Planning permission had been granted for reserved matters in respect of appearance, landscaping, layout and scale for the construction of 275 dwellings including landscaping, recreation and amenity open space on land at Crewe Road, Shavington - planning reference 15/4046N.

The existing alignment of the two footpaths would partly be subsumed by housing and partly by the internal road layout.  The proposed diversion would take the footpath into the peripheral landscaped/green areas of the development and would form an attractive informal recreational route. 

Footpath No.4 Shavington would remain on its current alignment from the Crewe Road end, running alongside the new access road to the site with a green landscaped zone in between.  Where it entered the development the section of path A-B, as shown on Plan TCPA/43, would be diverted to run along line A-D to link with Footpath No.6.

From where Footpath No.6 entered the site at the southern boundary to its junction with Footpath No.4 at Point B and the connecting section of Footpath No.4 running northerly from Point B to Point C, would be diverted along the line marked D-E-C on plan TCPA/43.  The proposed new route would be twice the length of the current section of footpath and would fulfil a recreational function, offering opportunities for short walks on the rural fringe and access to longer walks via the connecting rights of way network.  There would be several connecting paths linking into adjacent cul de sacs and estate roads.  The direct alignment that the current footpath provided would be served by an estate road with a footway thus continuing the functional route northwards to West Lane via the unaffected section of Footpath No.4.

The whole of the proposed route would be constructed to a 2 metre width with timber edging and a compacted stone surface.

Taylor Wimpey had requested that the Order making stages for these paths be phased if approved; in the first instance making an Order to divert Footpath No.4 part section A-B onto section A-D.  This was to be the first phase of development and whilst this was undertaken, it was proposed that the line D-B-C be kept open.  A second Order would then be made to divert Footpath No. 4 part and No. 6 part D-B-C in preparation for the second stage of development to commence.

The Committee noted the comments from Shavington cum Gresty Parish Council and the response provided by the Public Rights of Way Team.

The Committee considered the application and concluded that it was necessary to divert parts of Public Footpaths No.4 and 6 Shavington cum Gresty to allow for construction of 275 houses and associated infrastructure, as detailed in planning reference 15/4046N.  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 is made under Section 257 of the Town and Country Planning Act 1990 to divert parts of Public Footpaths No.4 and No.6, as illustrated on Plan No.TCPA/043, 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.