To consider the application to divert parts of Public Footpaths No.3 and 4 in the parish of Worleston and parts of Public Footpath No.4 in the parish of Henhull
The Committee considered a report which detailed an application from Mr Kevin Coyne of Taylor Wimpey (North West Ltd) on behalf of a consortium of house developers requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert parts of Public Footpath No.3 and No.4 in the parish of Worleston and divert part of Public Footpath No.4 in the parish of Henhull.
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.
Planning permission had been granted for a residential development of up to 1,100 dwellings, 1.82ha of land for business use, a potential primary school, community facilities and local centre, allotments, recreational open space and associated landscaping, highways, access roads, cycleways, footways and drainage infrastructure – planning reference 13/2471N.
Parts of the existing alignment of Public Footpath No.3 and Public Footpath No.4 Worleston and Public Footpath No.4 Henhull would be affected by the construction of the residential development. The consortium of housing developers owned the land over which both the current footpaths and proposed diversions routes ran and had all given written permission for the diversions as proposed, with the exception of a short section of Public Footpath No.3 Worleston for which landowner permission was still be sought
Questions about the proposed diversion had been raised by the Peak and Northern Footpath Society in relation to the impact of the flood plain around the River Weaver, screening of Public Footpath No.4 Worleston from the new road and whether some of the routes were to be landscaped.
In response to these questions it was reported that the proposed routes affected by the flood plain would be designed to allow run off of surface water. In relation to the section of Public Footpath No.4 Worleston, the new road would run at the base of an embankment and would not be screened. Other than two sections of Public Footpath No.4 Henhull which would be landscaped with trees and areas of wild flowers, the other proposed diversion routes would run within the existing landscapes (mainly grassland).
The Committee considered the application and concluded it was necessary to divert part of Public Footpath No.3 and parts of Public Footpath No.4 Worleston and parts of Public Footpath No.4 Henhull to allow for the residential development, as detailed in planning reference 13/2471N. 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
1 Three Orders be made under Section 257 of the Town and Country Planning Act 1990 to divert the following footpath sections, as illustrated on Plan No. TCPA/045:
i. Two parts of Public Footpath No.4 in the parish of Henhull
ii. Part of Public Footpath No.3 in the parish of Worleston on condition that written agreement from the remaining landowner is secured
iii. Two parts of Public Footpath No.4 in the parish of Worleston
The recommendation is made on the grounds that the Borough Council is satisfied that it is necessary to do so to allow the development to take place.
2 Public Notice of the making of the Orders be given and in the event of there being no objections within the period specified, the Orders be confirmed in the exercise of the powers conferred on the Council by the said Acts.
3 In the event of objections to the Orders being received and not resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.