Agenda item

To consider the application to divert part of Public Footpath No.14 and extinguishment of an unrecorded footpath between Public Footpath No.14 and 15 in the parish of Bunbury

The Committee considered a report which detailed an application from Crabtree Homes Ltd on behalf of Mr and Mrs Goodyer 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.14 in the parish of Bunbury and also to extinguish an unrecorded footpath which ran between Footpath Nos.14 and 15 Bunbury.

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 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 outline permission for a proposed residential development for 15 dwellings with associated works – planning reference 16/2010N.  Planning permission had not yet been granted.

The present alignment of Public Footpath No.14 and the unrecorded path would be affected by the proposed development.  The proposed diversion would run along the boundary of the site -  shown on Plan No.TCPA/031 between points A-E-F-G-C, and would have a width of 2.5 metres.  The proposed surface of the path would be agreed with the developer.

The unrecorded footpath was the subject of the Definitive Map Modification Order Application, which had been made by Bunbury Parish Council in August 2006 and was based on user evidence.  The application had not yet been investigated and was currently on the waiting list of outstanding applications.  As the claimed footpath cut through a number of the plots within the proposed development, the applicants were applying to extinguish this footpath.  With the proposed diversion of Public Footpath No.14 and the retention of the existing route of Public Footpath No.15 Bunbury, there would remain a suitable footpath link around the site.

Bunbury Parish Council had raised an objection to the proposal on the basis that the diversion would not be required if the planning application was refused.  In response, Officers had been explained that the current legislation allowed developers to apply for public path diversions/extinguishment Orders prior to the granting of planning permission.    If planning permission was refused and the Order was not required, then the Order would not be confirmed and the application to modify the Definitive Map would remain on the waiting list to be determined.

The Committee considered the application and concluded that it would be necessary to divert part of Public Footpath No.14 Bunbury and extinguish the unrecorded path to allow for the development to take place.  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.14 Bunbury, and extinguish an unrecorded footpath between points H and D, as illustrated on Plan No. TCPA/031, on the grounds that the Borough Council was 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 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.