Decision details

The Committee considered a report which outlined the investigation to divert part of Public Footpath No. 12 in the Parish of Nether Alderley following receipt of an application from a local resident in relation to a planning application.

The report included a discussion of the consultations carried out in respect to the proposals and the legal tests to be considered for a diversion order to be made under the Town and Country Planning Act 1990.

During consideration of this item, in the interests of openness and transparency Councillor C Browne declared that the applicant and landowner were known to him.

The Committee considered the application and evidence as set out within the report and agreed that an order be made under section 257 of the Town and Country Planning Act 1990 on the grounds that Cheshire East Council was satisfied that it was necessary to do so to enable development to be carried out.

RESOLVED: (Unanimously)

That the Highways and Transport Committee:

1. Decide that a public path diversion order be made under section 257 of the Town and Country Planning Act 1990 for part of Public Footpath No. 12 in the Parish of Nether Alderley as shown on Plan No. TCPA/080 on the grounds that Cheshire East Borough Council is satisfied that it is necessary to do so to enable development to be carried out.

2. Decide that public notice of the making of the Order be given and in the event of there being no objections within the period specified, and in the event that planning consent has been granted, 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 being received, Cheshire East Borough Council be responsible for the conduct of any hearing or Public Inquiry.