Issue - meetings

To consider the application to stop up Public Footpath No.7 (part) in the parish of High Legh

The Committee received a report which detailed an application from SP Energy Networks of SP Power Systems Ltd, 1 Atlantic Quay, Glasgow, requesting the Council to make an Order under section 257 of the Town and Country Planning Act 1990 to extinguish part of Public Footpath No. 7 in the parish of High Legh.

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as Planning Authority, can make an Order stopping up a footpath or part of a footpath if it was satisfied that the necessary to do so to enable development to be carried out in accordance with a planning permission that had been granted.

The section of footpath No.7 to be closed was within a wide belt of grass and scrub and encompassed an area of approximately 8 metres length by 4 metres wide.  Due to the location of an electricity pole on the edge of this area, the support stays for the pole would run at an angle across half of the width of this belt of land.  From consideration of historical ordnance survey maps and internal records it was clear that the full width of this area had been available for use as the footpath; therefore the closure of a 4 metre width to accommodate the stays would leave a further 4 metres for the footpath to continue to the side.  The full width was available before and after this slight constriction.  On average footpaths were required to be 2 metres in width if altered by a legal order. 

High Legh Parish Council had been consulted and after a site visit had objected to the proposal on the grounds that the path would be effectively blocked by the pole stays.  They were also concerned about the visual impact the poles would have on an otherwise uncluttered landscape. 

Considerations of enjoyment and user suitability of the proposed diversion route are not considerations under the Town and Country Planning Act.  The only test to be met is that the footpath diversion was necessary to enable development to be carried out.

The Committee considered that the proposed extinguishment was necessary in order to enable the installation of a new electricity pole and stays as part of a much larger scheme installing and renewing an overhead electricity line between Carrington and Lostock sub stations and that the legal tests for the making and confirming of an extinguishment order were satisfied.

RESOLVED:

1          An Order be made under Section 257 of the Town and Country Planning Act 1990 to stop up part of Public Footpath No.7 High Legh as illustrated on Plan No.TCPA/005 on the grounds that the Borough Council is satisfied that it is necessary in order to enable 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  ...  view the full minutes text for item 32