Agenda item

To consider the application to vary the Town and Country Planning Act 1990 Section 257 Cheshire East Borough Council (Restricted Byway No.1 (part) parish of Eaton) Public Path Diversion Order 2017.

The Committee considered a report which detailed an application by Mr Fyles of Tarmac Trading Ltd requesting the Council to make a Variation Order to the Town and Country Planning Act 1990 Section 257 Cheshire Borough Council (Restricted Byway No.1 (pt) Parish of Eaton) Public Path Diversion Order 2017.

In accordance with Section 333(7) of the Town and Country Planning Act 1990 the Borough Council, as Planning Authority, can make a Public Path Variation Order provided the same procedures are carried out under which the Order was originally made.

On 5 December 2016 the Committee had resolved to make a Diversion Order to divert part of Restricted Byway No.1 which was affected by an extension of the sand quarry.  The Order was made, signed and sealed on 12 January 2017.  An objection was subsequently received from an adjacent landowner concerning the proximity of part of the new route to the trajectory of clays from their shooting range.  Consequently a second Order was made on 6 July 2017 altering the section of route affected.  No objections were received to this Order and over the following months the construction of the path was commenced. 

Following a site visit it was noted that the alignment of the route on the ground had not been installed as per the approved Order. The route on the ground had been put in to a 4 metre width with a double post and wire fence line.  The sections of path that did not follow the approved Order were between points G - H, H - I and M - N, as shown in red on Plan TCPA/052. 

A Variation Order was now required to reflect the changes identified by the site visit and thereby alter the legal alignment of the route in the second Diversion Order of 2017.  The proposed Order would not significantly change the nature, width, surface or general direction of the route of Restricted Byway No.1.  

The sections G – H and H – I had both been constructed to follow the boundary of ponds and field edges.  Sections M – N had been sited closer to the northern boundary of a rectangle of woodland.  It may be the case that variation to this section would not be required if on consultation with the adjacent landowner it transpired that this alignment was still too close to the clay shoot. If this was the case the route would be altered to reflect the route of the second 2017 Diversion Order.

The Committee considered the application and concluded that it was necessary to divert parts of Restricted Byway No.1 Eaton to enable the approved development to be carried out.  It was considered that the legal tests for the making and confirming of a Variation Order under section 333(7) of the Town and Country Planning Act 1990 were satisfied.

The Committee unanimously

RESOLVED:  That

1        A Public Path (Variation) Order be made under section 333(7) of the Town and Country Planning Act 1990 to vary the Cheshire East Borough Council (Restricted Byway No.1 (pt), Parish of Eaton) Public Path Diversion Order 2017 to reflect the alignment of the route set out and available on the ground.

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 being received, Cheshire East Borough Council be responsible for the conduct of any hearing or Public Inquiry.