Decision details

The committee considered a report which outlined the investigation into a proposal to divert part of Public Footpath No.7 in the Parish of Hulme Walfield (“Hulme Walfield FP7”) under section 257 of the Town and Country Planning Act 1990 following receipt of an application from Castle Green Homes Ltd.

Members were advised that the existing route of the footpath (A–B–C) would be directly obstructed by two permitted dwelling plots and their associated garden areas. A new route (A–D–E–C), 3 metres wide and surfaced in resin?bound gravel with appropriate paving at estate road crossings, was proposed through public open space to maintain public access. Land required for the diversion was owned by Torus62 Ltd (social housing provider), who had provided written agreement.

Statutory consultation had been undertaken with the ward member, the Parish Council, user groups, statutory undertakers and the Council’s Nature Conservation Officer. Four responses were received and no objections were raised.

Officers reported that the diversion was necessary to enable the approved development to proceed and that the proposed alternative route was not substantially less convenient to the public. An assessment under the Equality Act 2010 confirmed no adverse accessibility impacts.

All diversion and construction costs would be met by the developer, with future maintenance of the new surface to be undertaken by the site’s management company.

RESOLVED: (By Majority)

That the Highways and Transport committee

1. Approve that a Public Path Order is made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.7 in the Parish of Hulme Walfield, as illustrated on Plan No. TCPA/085 on the grounds that the Council is satisfied that it is necessary to do so to allow development to take place.

2. Approve that Public Notice of the making of the Order be given and in the event of no objections 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 in the event of objections to the Order being received and not resolved, Cheshire East Borough Council will be responsible for the conduct of any hearing or Public Inquiry relating to the Order.