Issue - meetings

To consider the application for the diversion of Public Footpath No. 24 (part) in the Parish of Disley.

The Committee received a report which detailed an application from United Utilities (the applicant) requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No. 24 in the parish of Disley. 

Section 257 of the Town and Country Planning Act 1990 allowed the Council to make and confirm Orders authorising the stopping up or diversion of a footpath if they were satisfied that it was necessary to do so in order to enable development to be carried out in accordance with planning permission granted. 

Planning permission had been granted to the applicant in January 2010 for a new Reservoir Spillway; Barrow Pit area for obtaining spill material used in the embankment stability work; new permanent road access; new fisherman’s hut; and temporary road access from Red Lane.  This work would ensure the safety of the Reservoir during times of flooding.

Part of the current line of Footpath No. 24 Disley lay directly under the site of the construction of part of the new spillway.  Also the access road was being moved and fenced off.  Part of the existing footpath ran along the access road and would fall within the fenced off area.  The footpath diversion was required to provide public access outside of the United Utilities operational area. 

The proposed route would move the footpath to the north of its current location, out of the area of construction and across a pasture field.  A kissing gate would be required at its joining with Footpath No. 22. 

The Committee noted that no objections had been received.  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. 

RESOLVED:

(1)       An Order be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No. 24 Disley, as illustrated on Plan No. TCPA/002, on the grounds that the Borough 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 Acts.

(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.