Decision details

Prior to presenting the report the officer clarified for the committee that, following recent changes to parish boundaries, the public footpath referred to in the report as Basford Footpath 1 was now designated as Weston Crewe Green Footpath 31. For the purposes of the meeting, it would continue to be referred to by the name used in the report, Basford Footpath 2. Any order subsequently made to extinguish the paths, as set out in the recommendations, would use the updated official footpath names.

The committee considered a report which outlined the investigation into a proposed extinguishment of Public Footpath Basford No.2 and Public Footpath Weston and Crewe Green No. 17 (part) in the Parish of Weston and Crewe Green (“Basford FP2; Weston & Crewe Green 17 (part)”) following receipt of an application from Taylor Wimpey Homes North West under the provisions of Section 257 of the Town and Country Planning Act 1990.

The report summarised the consultations undertaken, including any objections received and considered the relevant legal tests. The report addressed both the public interest and the interests of affected landowners and described the proposed new route with reference to accompanying plans.

It was recommended that a Public Path Order was made under Section 257 of Town and Country Planning Act 1990 on the grounds that Cheshire East Borough Council (“the Council”) was satisfied that the extinguishment was necessary to enable the approved development to be constructed.

The ward members, Weston and Crewe Green Parish Council, user groups, statutory undertakers, and the councils Nature Conservation Officer had been consulted, with four responses received.

Two of the four responses made (The Peak & Northern Footpath society and Cadent Gas) had raised objections to the proposal. Both objections were withdrawn and there were currently no objections to the proposal.

Members sought clarification on future connectivity and crossing points.  In response officers reported that Network Rail discussions were noted but fell outside the red line of the specific application being considered.

The committee considered the evidence set out within the report and agreed that a Public Path Extinguishment Order is made under Section 257 of the Town and Country Planning Act 1990 for Basford FP2; Weston & Crewe Green 17 (part) as shown on Plan No. TCPA082 in the report on the grounds that Cheshire East Borough Council is satisfied that it is necessary to do so to enable the construction of an approved development.

RESOLVED: (By Majority)

That the Highways and Transport Committee

1. Approve that a Public Path Extinguishment Order is made under Section 257 of the Town and Country Planning Act 1990 for Basford FP2; Weston & Crewe Green 17 (part) as shown on Plan No. TCPA082 to the report on the grounds that Cheshire East Borough Council is satisfied that it is necessary to do so to enable the construction of an approved development.

2. Approve that public notice of the making of the Order be given and that, in the event no objections are received within the statutory notice period, the Order be confirmed in the exercise of the powers conferred on the Council by the said Act.

3. Note that should any objections be received, Cheshire East Borough Council will be responsible for the conduct of any hearing or Public Inquiry relating to the Order.