Agenda item

6.1

The Director of Regeneration and Development Services submitted a report seeking authority to process the Footpath Diversion Order required to divert un-named public footpaths linking Pit Lane with Queen Mary Road, Manor in connection with the proposed new Prince Edward primary school development.

6.2

The report stated that agents acting for the Education Funding Agency in partnership with Sheffield City Council, had made a planning application for a new primary school at Queen Mary Road, Manor as a replacement for the current Prince Edward School. The application was now being considered by Development Management , and was expected to be presented to this Committee for decision at a later date.

6.3

However, the development, as proposed in the planning application, would require diversion of existing footpaths which cross the site in order to go ahead, as shown in Appendix A of the report.

6.4

Traditionally applications for footpath closure or diversion orders in connection with new developments have been made after planning consent had been obtained. However, the Growth and Infrastructure Act 2013 modified the Town and Country Planning Act 1990 so that such Orders can be made prior to planning consent being granted, in the hope of speeding up new developments which required changes to the highway network. Due to the tight timescales for this particular development, the applicants had asked the Council to use this new power to start the process, and to make as much progress with it as possible in parallel with the planning application process.

6.5

The report further stated that it was important to note that, whilst it was now possible for such a highway Order to be made by the Council prior to planning consent being granted, that Order remained subject to the granting of planning consent, and could in no way be either confirmed or implemented until the associated development had got planning consent.

6.6

RESOLVED: That (a) no objections are raised to the proposed diversion of the public footpaths between Queen Mary Road and Pit Lane, Manor as shown on the plan included as Appendix A to the report, subject to planning consent being obtained for the development, and satisfactory arrangements being made with Statutory Undertakers in connection with any of their mains and services that may be affected; and (b) authority be given to the Director of Legal and Governance to (i) take all necessary action to divert the footpaths under the powers contained within Section 257 of the Town and Country Planning Act 1990; and (ii) confirm the Order as an Unopposed Order, once any objections received had been resolved, and the development had planning consent.