Agenda item

To consider the application to divert part of Public Footpath No.4 in the parish of Peover Superior.

The Committee considered a report which detailed an application from Mr B Kettle of Wharfe Home Planning (agent) on behalf of Mr D Cox of Paradise House, Holmes Chapel Road, Over Peover, requesting the Council to make an Order under section 257 of the Town and Country Planning Act 1980 to divert part of Public Footpath No.4 in the parish of Peover Superior.

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 the construction of an agricultural barn – planning reference 16/2659M.  Construction of the barn had commenced when it was found to be incorrectly positioned and obstructing Public Footpath No.4.  The Council’s Planning Enforcement Team took enforcement action to prevent any further construction of the barn until either the barn was moved to the correct location or until the footpath was diverted. The decision was taken by the applicant to apply for an Order to divert the footpath.

The proposed diversion route would move the footpath so that it ran to the south of the barn.  The new route would have a surface consisting in part a semi-surfaced track and part grass.

Mr B Kettle, agent for the applicant, spoke in support of the application and stated that it had been a genuine mistake that the line of the footpath had been obstructed by the barn construction and asked that the Committee approved the application to divert the Public Footpath. He thanked the Public Rights of Way Officers and Enforcement Officers for their assistance in resolving the issue. 

The Committee noted that North and Mid Cheshire Ramblers had requested that adequate signage be installed.  The Committee considered the application and concluded that it was necessary to divert part of Public Footpath No.4 to allow for the construction of an agricultural barn, as detailed in planning application 16/2659M.  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. 4 in the Parish of Peover Superior, as illustrated on Plan No. TCPA/050, on the grounds that the 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 Act.

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.