Agenda item

To consider an application for the Diversion of Public Footpath No’s 43 and 46 (parts), Parish of Poynton with Worth.

The Committee considered a report detailing the investigation to divert parts of Public Footpath No’s 43 and 46 in the Parish of Poynton with Worth. The proposal had been put forward as an application had been received from Elan Homes, following a planning consent (Planning reference: 17/547M).

In accordance with Section 257 of the Town and Country Planning Act 1990 as amended by Section 12 of the Growth and Infrastructure Act 2013:

“(1A) Subject to section 259, a competent authority may by order authorise the stopping up or diversion in England of any footpath, bridleway or restricted byway if they are satisfied that—

an application for planning permission in respect of development has been made under Part 3, and if the application were granted it would be necessary to authorise the stopping up or diversion in order to enable the development to be carried out.

It was reported that in paragraphs 5.5 and 5.6 of the report, it should read that Elan Homes purchased land off Hazelbadge Road directly from the landowner. Persimmon Homes never owned the land.

Diversion of parts of Public Footpath No.s 43 and 46 had been requested since their current alignment would otherwise be obstructed by several of the residential properties within the development

The land over which run both the sections of footpath to be diverted and the diversion routes, were owned by the applicant.

The Committee considered the application and noted the comments received from Poynton Town Council, the East Cheshire Ramblers, the Peak and Northern Footpath Society (PNFS), along with the Public Rights of Way Officer’s responses and noted further information reported verbally.

At paragraph 6.11 of the report, the Peak and Northern Footpath Society questioned the height of the new diversion route for Poynton with Worth Footpath No.43 above the brook and it was reported that this would be approximately 2.6 metres and that tree roots growing within the riverbank would help to stabilise it.

Further to paragraph 6.12 of the report, it was clarified that the alignment of the new route for Poynton with Worth Footpath No. 43, would connect to Poytnon with Worth Footpath No.88 as shown at point E on Plan No. TCPA/067.

The Committee concluded that it was necessary to divert part of Public Footpath No’s 43 and 46 in the Parish of Poynton with Worth to enable the residential development to go ahead as detailed within Planning Application: 17/6471M.

The Committee unanimously

RESOLVED: That

(1)   That an Order be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No’s 43 and 46 in the Parish of Poynton with Worth, as illustrated on Plan No TCPA/067 on the grounds that the 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 Act.

(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.