Agenda item

To consider the application for the diversion of Public Footpath No.7 (part) in the Parish of Warmingham.

The Committee considered a report which detailed an application from EDF Energy Limited (the applicant) 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. 7 in the Parish of Warmingham.

In accordance with Section 257 of the Town and Planning Act 1990, the Borough Council, as the 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.

The existing line of Footpath No. 7 would be directly affected by the conversion of the existing brine cavities to gas storage due to the need to create drilling compounds and soil storage areas around each well head for a number of years and the requirement for an enlarged fenced compound around each converted well head.  The land was owned by British Salt Limited and Mrs Diane Nelson, who had consented to the proposed diversion.

Planning permission had been granted to the applicant on 31 March 2009 to allow for the extension of the gas processing plant and link to the National Transmission System, electricity and manifold compounds, conversion of ten brine cavities to gas storage and associate infrastructure at land at Hill Top Farm, Hole House Farm, Spring Moss Farm and Parkfield Farm, Warmingham, Cheshire. 

The current line of the Footpath passed in close proximity to the existing Brine Well Heads Nos. 9, 7 and 5 and their associated infrastructure.  The areas surrounding the enclosed compounds would be required for future maintenance access and the site would become a Control of Major Accident Hazards Regulations 1999 (COMAH) site, due to the storage of large quantities of gas within the site.  It was considered necessary to divert the footpath away from the operational well head compounds for gas storage cavities.  The proposed route would move the footpath way from the proposed gas well head infrastructure, crossing agricultural fields to the west of the development.  Three kissing gates would be required where it crossed the field boundaries.

The Committee noted that no objections had been received.  It was considered that the legal test for the making and confirming of a Diversion Order under section 257 of the Town and Country Planning Act 1990 were satisfied.

RESOLVED:

(1)       that an Order be made under Section 257 of the Town and Country Planning Act 1990 to divert part of Public Footpath No. 7 Warmingham, as illustrated on Plan No.  TCPA/001, on the grounds that the Borough 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 powers conferred on the Council by the said Acts.

(3)       in the event of objections to the Order being received, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.