Agenda item

Town and Country Planning Act 1990 Section 257: Application for the Diversion of Unrecorded Footpath, Birtles Road, Macclesfield

To consider the application to divert an unrecorded footpath at Birtles Road, Macclesfield


The Committee considered a report which detailed an application from Bartholomew Homes Ltd requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert an unrecorded footpath off Birltes Road, Macclesfield.  


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 applied for or granted.


Planning permission had been granted for the construction of 18 no. semi-detached dwellings on land to 70 Birtles Road, Macclesfield – planning reference 15/5838M.


The footpath was not currently recorded on the Definitive Map but was the subject of a Definitive Map Modification Order application which had been submitted in 2008 by the Birtles Conservation Forum.  The application had been based on user evidence from 16 individuals claiming use for a period spanning more than twenty years.  The developers had agreed at an early stage to accommodate a route through to Drummond Way thereby accepting in principle the likely existence of the claimed public rights.  The diversion process would extinguish any rights that may have existed over the claimed route and create a legal and recorded right of way over the new route.


The proposed diversion was necessary to accommodate the layout of the housing development which would directly affect the footpath.  Within the limited scope of the site, the diversion would be partly along the footway of the estate road with the rest forming a pedestrian link path through to Drummond Way.  The whole of the path would be made up to adoptable standards and be 2 metres wide, surfaced and lit.  On completion the full route would be adopted and maintained by the Highways Authority.


The Ramblers’ Association had responded with no objections but requested that if possible a route through the site be retained during construction work.  This request has been passed to the developers who responded that they would “use all reasonable endeavours, as far as possible, to maintain access to the footpath during the course of the development.”


The Committee considered the application and concluded that it was necessary to divert the unrecorded path off Birtles Road, Macclesfield to allow for the development as detailed with planning reference 15/5838M.  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




1        An Order be made under Section 257 of the Town and Country Planning Act 1990 to divert the unrecorded Footpath Off Birtles Road, Macclesfield, as illustrated on Plan No.TCPA/037, on the grounds that the 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 is 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.


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