Agenda item

To consider the application to divert part of Public Footpath No.12 in the parish of Wardle.

The Committee considered a report which detailed an application from Mr P Posnett 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.12 in the parish of Wardle.

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 public 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 which had been applied for or granted.

Planning permission had been granted for the approval of reserved matters seeking approval for a new spine road and other associated infrastructure works - planning application 18/2028N. 

The existing alignment of Public Footpath No.12 Wardle would be directly affected by the development and infrastructure within the planning consent, resulting in the partial obstruction of the footpath by a new substation and spine road. 

The current alignment of the section of path to be diverted ran along a field boundary and a dirt track.  The proposed diversion points A-D, as shown on Plan TCPA/051, would run along a new stone surfaced maintenance track which would be used for access to the new foul pumping station and would be 4 metres in width. From points D-C, as shown on Plan TCPA/05, the surface would be a sealed surfaced footpath of a width of 3 metres and would run along the boundary of the adjoining land at a distance of 7 metres from the road edge.  This road would remain private and would not be adopted highway.

The Open Spaces Society had submitted comments in response to the informal consultation relating to the use of the maintenance track and had objected to the proposed diversion along the roadside.  Based on their comments the applicant had revised the alignment of points D-C so that it ran further away from the edge of the road at a distance of 7 metres.

The Committee considered that application and concluded that it was necessary to divert part of Public Footpath No.12 to allow for the development approved in planning application 18/2028N. 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 Footpath Diversion Order be made under Section 257 of the Town and Country Planning Act 1990 on the grounds that 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 Borough Council be responsible for the conduct of any hearing or Public Inquiry.