A resident has asked us to find out if there was a planning condition within the David Wilson Home planning application for a footpath along Black firs Lane
We have found out the following the Design & Access Statement submitted with the application by DWH (16/5156C – http://planning.cheshireeast.gov.uk/applicationdetails.aspx?pr=16/5156C&query=71dd3dad-daf5-4778-8767-1c133e26977f )
There is no officers report on the file, but as it is a Committee item it is available on the Committee website for that meeting. And here is a link attached a link to the papers including the officers report and minutes of the meeting. It is the minutes that will have determined the decision notice and content of the Section 106 Agreement.
Looking at the officers report there is reference to a footway in the Highways Section.
“Black Firs Lane does not have a footway either side of the road and Chelford Road has only a single footway on the western side only. The applicant proposes footways of up to two metres wide on the eastern edge of Black Firs Lane and will connect with the footpath near Longdown Road. Pedestrians and cyclists will be able to connect to the new footway on Black Firs Lane, at the location of the proposed emergency site access, from the network of streets and footpaths within the development. It is recommended that this is secured through a S278 agreement.”
Under the following section on conditions/s 106 Contributions, there is again reference to the footpath:
“6. A scheme to be approved by the Local Highway Authority for the provision of footway facilities along Black Firs Lane secured via a S278 agreement.” A Section 278 agreement is secured under the Highways Acts.
After further investigation the report from Cheshire East Highways was in very simple terms the feasibility of a footpath was looked at in advance of the Committee and it was decided not to pursue the option of a footpath as it would have required the removal of numerous trees which was considered unacceptable. As such it was not a requirement of the planning permission.
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