Agenda item

To consider the application to divert part of Public Footpath No.8 in the parish of Odd Rode

The Committee considered a report which detailed an application from Mark Taylor, 9 Primitive Street, Mow Cop, Stoke on Trent requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1980 to divert part of Public Footpath No.8 in the parish of Odd Rode.

In accordance with Section 257 of the Town and Country Planning Act 1980, the Borough Council, as Planning Authority, could 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.

A planning application had been submitted applying for the erection of a new implement, produce and hay store – planning reference 16/3010C.  Planning permission had not yet been granted.

The existing alignment of Public Footpath No.8 Odd Rode would be directly affected by the proposed development, and therefore a footpath diversion would be required to preserve public access through the site.  The proposed diversion would run along the field boundary behind the new store before diagonally crossing the field to re-join the current route of the Public Footpath.

Mark Taylor, applicant, addressed the Committee and stated that the diversion was required to allow for erection of a new store and that the proposed new route would be maintained to a high standard.

The Congleton Ramblers had registered an objection to the diversion on the basis that they understood that the Town and Country Planning Act permitted diversions only to the extent required for the development to proceed and stated that the proposed route should run to the eastern corner of the proposed barn and then back to its original course.

In response to this objection, discussions with the Institute of Public Rights of Way and Access had concluded that there was nothing within the legislation of section 257 of the Town and Country Planning Act 1990 to state that diversions undertaken to allow development must be the shortest route possible.  It was important to offer a proposal that was in the best interests of the public and not one that will be shortest if this did not serve those interests. 

Odd Rode Parish Council had objected to the proposed route as it passed close to properties by the field boundary and  could cause issues of privacy and security.

In the light of this objection, Officers had further discussed the proposed diversion with the Applicant and a revised route had been agreed moving the diversion away from the boundary near the houses and towards the store – as shown on revised Plan No.TCPA/032.

The Committee consider the application and concluded that it would be necessary to divert part of Public Footpath No.8 Odd Rode to allow for the new store to be erected.  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        An Order be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No.8 Odd Rode, as illustrated on revised Plan No.TCPA/032, on the grounds that the Borough Council is satisfied that it is necessary to do so to allow development to take place.  That this Order be confirmed and made operable on condition that planning permission is granted.

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 events 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.