Agenda item

To consider an application to divert part of Public Footpath No. 7Y in the Parish of Moston.

The Committee considered a report detailing the investigation to divert part of Public Footpath No. 7Y in the Parish of Moston. The proposal had been put forward as an application had been received from Taylor Wimpey as detailed within planning references 09/2083C, 14/4218C and 14/4212C.

Taylor Wimpey had also been granted consent for the change of use of an area within their development, the ‘Yew Tree Farm complex’, for residential and non-residential development in the future.

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.

Diversion of parts of Public Footpath No.7Y had been requested to enable the development of residential homes and businesses with associated infrastructure and public open space as detailed in planning references 09/2083C, 14/4218C and 14/4212C.

The rear gardens of residential homes situated between points D-E-F highlighted in Plan No. TCPA/072 would obstruct the current footpath, therefore it was considered necessary to realign the footpath via the diversion proposal such that it would pass outside the gardens and preserve the right of passage for the public.

Further, the diversion proposal would realign the footpath such that it would no longer run across the estate roads and pavements at the points shown between a-b and c-C on Plan No. TCPA/072.

Finally, the diversion proposal would by default, resolve obstruction by an electricity substation located between points C-D on Plan No. TCPA/072.

The Committee considered the application and noted that no objections had been received from the ward member for Brereton Rural, Moston Parish Council, the user groups or statutory undertakers. 

The Committee noted the objection received from Network Rail in relation to expected increased number of users, and types of user, at the level crossing that carries Moston Public Footpath No.7Y over the railway. 

In response, it was explained that the proposed diversion would not have any impact on the number of users or types of user reaching the level crossing.  The number and types of user would be the same irrespective of whether users approached via the current route or the proposed diversion route. The proposed diversion would only change the alignment of Moston Public Footpath No.7Y within the development and have no impact on user types or numbers reaching the level crossing that lies outside of the development.

The Committee concluded that it was necessary to divert part of Public Footpath No 7Y in the Parish of Moston to enable development to be carried out.

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.7Y in the Parish of Moston, as illustrated on Plan No TCPA/072 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, and in the event that planning consent has been granted, 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, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.