Issue - meetings

To consider the application for the diversion of Public Footpath No.7 (part) in the parish of Warmingham

The Committee considered a report which detailed an application from Mr DS Varey (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.7 in the parish of Warmingham.

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

Planning permission had been granted to the applicant on 20 August 2010 – Planning Permission Ref: 10/2307N: Change of Use of Former Worm Bed Area to Storage of Caravans and other Leisure Vehicles.  The consent was granted subject to various conditions, one of which was that Public Footpath No.7 should be diverted under a formal diversion order.

The footpath would be moved to the east of the current route down an existing track, providing an improved surface for walkers, and then through the yard to connect with the existing line of the footpath, south of The Old Hough. No path furniture would be required on the proposed route which would also provide a more accessible route for walkers who have to negotiate three stiles on the present route.

The Committee noted that no objections had been received.  It was considered that the legal tests for 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.7 Warmingham as illustrated on Plan No.TCPA/003 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.