Agenda item

To consider the application to divert Public Footpath No.7 and parts of Public Bridleway No.10 and 11 in the parish of Arclid

The Committee considered a report which detailed an application from Mr Rick Bright of Bright & Associates on behalf of the Archibald Bathgate Group Ltd requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert Public Footpath No.7 and parts of Public Bridleways No.10 and No.11 in the parish of Arclid.

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 the paragraph preceding paragraph 6.9 of the report, it should read Public Footpath No.9 Arclid and not Public Footpath No.7.

Planning permission had been granted for the extension of the southern eastern extension of South Arclid Quarry to enable further silica sand excavations and workings – planning reference 09/2291W.

The sand extractions in the south eastern extension of the South Arclid Quarry would destroy the land over which the current alignment of Public Footpath No.7 Arclid ran and also a section of bridleway consisting of parts of Public Bridleways No.10 and No.11.  It was therefore necessary to divert the public footpath and the bridleway sections to ensure that the public rights of way were preserved. 

The Committee were informed of the confirmation to the Open Spaces Society, Congleton Ramblers and the Peak and Northern Footpath Society that the section of Hood Lane linking the proposed footpath diversion to the proposed bridleway diversion was a public highway (adopted unclassified road).  Confirmation had also been provided to the Open Spaces Society that the airfield serving the Cheshire Microlite Centre, and across which the current and proposed diversions ran, would be closed before the proposed diversions were confirmed.

The Committee noted that to date no objections had been registered although Arclid and Betchton Parish Councils had requested an extension to the consultation deadline so they could consider the proposals at their meetings on 15 March 2018.

The Committee unanimously

RESOLVED:  That

1        the decision to make the Order be delegated to the Head of Rural and Cultural Economy or his nominated delegate who, in consultation with the Chairman of the Public Rights of Way Committee, consider the proposal together with any comments received from members of the Arclid and Betchton Parish Councils following their meetings on 15 March 2018.

2        if an Order is made, Public Notice 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 on condition that the diversion of Arclid Public Footpath No.9 is complete.

3        In the event of objections being received and not resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.