Agenda and minutes

Public Rights of Way Committee
Monday, 9th March, 2020 2.00 pm

Venue: Committee Suite 1,2 & 3, Westfields, Middlewich Road, Sandbach CW11 1HZ. View directions

Contact: Rachel Graves  Tel: 01270 686473 Email:  rachel.graves@cheshireeast.gov.uk

Items
No. Item

33.

Apologies for Absence

Minutes:

Apologies were received from Councillors S Akers Smith and B Puddicombe.

34.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Minutes:

Item 7 – Proposed Diversion of Public Footpath Hatherton No.8 (part):  Councillor S Pochin declared a personal interest as the applicant was a personal friend and stated that she would vacate the chair and leave the meeting when the application was considered.

35.

Minutes of Previous Meeting pdf icon PDF 72 KB

To approve the minutes of the meeting held 2 December 2019.

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 2 December 2019 be confirmed as a correct record.

36.

Public Speaking Time/Open Session

In accordance with paragraph 9 of Appendix 7 of the Procedure Rules, members of the public may speak on a particular application after the Chairman has introduced the report, provided that notice has been given in writing to Democratic Services by 12 noon one clear working day before the meeting.  A total of 6 minutes is allocated for each application, with 3 minutes for objectors and 3 minutes for supporters.  If more than one person wishes to speak as an objector or supporter, the time will be allocated accordingly or those wishing to speak may agree that one of their number shall speak for all.

 

Also in accordance with paragraph 2.32 of the Committee Procedural Rules and Appendix 7 of the Procedural Rules a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.  Members of the public are not required to give notice of the intention to speak, however as a matter of courtesy, a period of 24 hours notice is encouraged.

 

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given. 

 

 

Minutes:

The Chairman advised the she would invite those registered to come forward to speak when the relevant application was being considered by the Committee.

37.

Wildlife & Countryside Act 1981 - Part III, Section 53: Application no. CO/8/52: Application for the Addition of a Public Right of Way along a route known as Manor Drive between Nantwich Road (A530) and Kerridge Close, Parish of Middlewich pdf icon PDF 182 KB

To consider the application for the addition of a Public Right of Way along a route know as Manor Drive in the parish of Middlewich.

Additional documents:

Minutes:

The Committee considered a report which detailed an application made by Mr John Bayley on behalf of the Middlewich Public Rights of Way Group to amend the Definitive Map and Statement by adding a public right of way along a route known as Manor Drive, between Nantwich Road (A530) and Kerridge Close, in the parish of Middlewich.

 

Under section 53 of the Wildlife and Countryside Act 1981, the Council had a duty to keep the Definitive Map and Statement under continuous review and make such modifications to the Map and Statement as appear requisite in consequence of the occurrence of certain events.  The event relevant to his application is Section 53(3)(c)(i):

 

“(c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows:-

 

(i) that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates...”

 

The evidence could consist of documentary evidence or user evidence or a mixture of both. 

 

The application had been submitted in November 2018 for the addition a bridleway along a route known as Manor Drive in the parish of Middlewich and had been made on the basis of user evidence from ten users, submitted with the application, and 2 further forms submitted later.  Although the application stated it was for the addition of a bridleway, Officers considered that the evidence suggested that the status should be that of Restricted Byway.  An additional route between Manor Drive and Buckley Close has also been considered as part of the application, based on user evidence.

 

Mr John Bayley addressed the Committee and stated that the application had been made because the Middlewich Guardian on 24 August 2017 had printed an article which said that the owners of Manor Lodge wanted to gate the driveway to stop residents from using it as a thoroughfare into Middlewich or on to the canal.  The route  had been used as a link into Middlewich to visit the cemetery, doctors surgery and shops in Middlewich for well over twenty years and the alternative route was a mile longer in length. The owners of Manor Lodge had removed the original gatepost and had relocated them further forward and built walls which they did not have permission to do so.

 

Mrs Samantha Richards addressed the Committee and informed them that they were not questioning the public right of way, and having listened to public opinion, had decided against installing a gate between the posts but wanted the gateposts to remain as they had been erected to stop lorries turning around outside their home causing damage. 

 

The report before the Committee detailed the investigation carried out into the application and concluded that the user evidence submitted demonstrated regular, continuous and long term use of the claimed route on foot and bicycle.  The documentary evidence showed that the route of Manor Drive had beenin existence for over a  ...  view the full minutes text for item 37.

38.

Town and Country Planning Act 1990 Section 257: Application for the Extinguishment of Public Footpath No. 20, Parish of Congleton pdf icon PDF 112 KB

To consider the application for the extinguishment of Public Footpath No.20 in the parish of Congleton.

Additional documents:

Minutes:

The Committee considered a report which detailed an application received from Miller Homes requesting that the Council make an Order under section 257 of the Town and Country Planning Act 1990 to extinguish Public Footpath No.20 in the parish of Congleton.

 

In accordance with section 257 of the Town and Country Planning Act 1990, as amended by Section 12 of the Growth and Infrastructure Act 2013, a competent authority may by order authorise the stopping up or diversion of any footpath, bridleway or restricted byway 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 for the development of a residential scheme composing up to 140 dwellings – planning references 16/0514C and 18/4888C. 

 

Public Footpath No.20 Congleton would be directly affected by the proposed residential development – as shown on Plan No.TCPA/061.  The approved planning layout provided alternative linkages to shared use footway/cycleway alongside Back Lane and the shared use footway/cycleway alongside the Link Road.

 

The Committee considered the application and concluded that it was necessary to extinguish Public Footpath No.20 Congleton to allow for the approved residential development to take place.  It was considered that the legal tests for the making and confirming of an Extinguishment Order under section 257 of the Town and Country Planning Act 1990 were satisfied.

 

The Committee unanimously

 

RESOLVED:  That

 

1          an Order be made under Section 257 of the Town and Country Planning Act 1990 to extinguish Public Footpath No.20 Congleton, between points A and B as illustrated on Plan No.TCPA/061 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, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.

39.

Town and Country Planning Act 1990 Section 257: Proposed Diversion of Public Footpath Hatherton No. 8 (Part) pdf icon PDF 86 KB

To consider the application for the diversion of part of Public Footpath No.8 in the parish of Hatherton.

Additional documents:

Minutes:

Having declared a personal interest Councillor S Pochin vacated the chair and left the meeting for this item.

 

In the absence of the Vice Chairman, Councillor I Macfarlane was appointed Chairman for this item.

 

The Committee considered a report which detailed an application received from Joseph Heler Farms requesting that the Council make an Order under section 257 of the Town and Country Planning Act 1990 to divert a section of Public Footpath No.8 in the parish of Hatherton to enable the building of a Cold Store extension.

 

In accordance with section 257 of the Town and Country Planning Act 1990, the Borough Council, as planning authority, could make an Order diverting a public footpath if it was satisfied it was necessary to do so with a planning permission which had been applied for or granted.

 

Planning permission had been granted, subject to conditions, on 11 September 2019 for a Cold Store extension at Laurels Farm, Crewe Road, Hatherton – planning reference 19/2086N. 

 

The existing alignment of Public Footpath No.8 Hatherton would be directly affected by the development.  The proposed line for the footpath was a short diversion curving round in a south easterly direction, following the boundary of the cold store extension for approximately 151 metres, as shown on Plan No.TCPA/059 between points A-B.  The new path would be unenclosed with a grass surface, no path furniture and a width of two metres.  The path would have 2.5 metre ‘grass strips’ on either side and there would be a 2.5 metre native shrub mix border along the full length of the eastern boundary and the majority of the western boundary, as indicated on Drawing No.5412.05 Rev D.

 

The Committee considered the application and noted the comments received from the Peak and Northern Footpaths Society and the Open Spaces Society along with the Public Rights of Way Officer’s responses.

 

The Committee concluded that it was necessary to divert part of Public Footpath No.8 Hatherton to allow for the extension to the Cold Store as detailed in the approved planning application.  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.

 

The Committee unanimously

 

RESOLVED:  That

 

1          a Public Path Diversion Order be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.8 in the parish of Hatherton on the grounds that the Cheshire East Borough Council is satisfied that it is necessary to do so in order to enable development to be carried out.

 

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 Act.

 

3          In the event of objections being received, Cheshire East Council be responsible for the conduct of any hearing or public inquiry.

 

40.

Informative Report on Cases of Uncontested Public Path Orders Determined under Delegated Decision pdf icon PDF 66 KB

To note the Public Path Orders determined under Delegated Decision.

Minutes:

The Committee received an information report on the uncontested Public Path Order cases that had been determined under delegated decision.

 

Two decisions had been taken under delegation, which related to Town and Country Planning Act 1990 Section 257 applications.  One was for the diversion of part of Restricted Byway Wilmslow No.22 and the second one for the diversion of parts of Public Footpath Nos.7 and 8 in the parish of Weston.    

 

AGREED:

 

That the uncontested Public Path Orders determined under delegated decision be noted.