Agenda item

To consider the application for the diversion of Public Footpath No.55 (part) in the parish of Mobberley

The Committee considered a report which detailed an application from Drivers Jonas Deloitte (the agent) on behalf of Ollerton Leisure LLP (the applicant) requesting that the Council make an Order under section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.55 in the parish of Mobberley.

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.

Mr Graham Stock of Drivers Jonas Deloitte, representing the applicant, spoke in support of the application.

Planning permission had been granted to the applicant on 24 June 2010 – Planning Permission Ref: 09/2857M.  The details of the decision notice are for the expansion and improvement of the existing 9 hole golf course and facilities including the installation of the a new practice range. 

Part of the current line of Public Footpath No.55 (Mobberley) lay directly on the site of the construction of part of the new practice range.  The practice range would be enclosed by a 10m high wire netted fence and the existing footpath would be obstructed by the fence.  Therefore the footpath diversion was required to provide public access around the new practice range.  The length of the footpath proposed to be diverted was approximately 50 metres.

Objections to the proposed diversion had been received from Mobberley Parish Council and adjacent landowners on the grounds that the proposed diversion was not included originally as the indicative or proposed route in the planning application and as such it was a material departure/conflict from the proposed diversion at that time; the safety of walkers would be brought into jeopardy and tension caused between them and the golfers; and that connection footpaths and rural issues had not been fully considered.

It was not for the Planning Committee to determine the merits of a diversion proposal – this was the function of the Public Rights of Way Committee.  Considerations of enjoyment and user suitability of the proposed diversion route were not considered under the Town and Country Planning Act.  The only test to be met was that the footpath diversion was necessary to enable development to be carried out.

The Committee 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.55 Mobberley as illustrated on Plan No.TCPA/004 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.