THE futures of a contested Middlewich footpath and gate posts near its junction with Nantwich Road are still undecided due to delays caused by coronavirus.

Cheshire East Council's public rights of way committee decided at March's meeting there was enough evidence to legally recognise Manor Drive as a public right of way.

However, the process to do this has been delayed due to the pandemic, meaning a decision on the future of the gate posts erected to stop lorries U-turning to avoid the aqueduct in Nantwich Road is still to be taken.

It comes as a planning application that was at the centre of a row involving the gate posts, which received 98 objections from residents and one from Fiona Bruce MP, has been turned down by CEC.

Cllr Toni Fox, cabinet member for planning, said: “A decision on whether the gate posts need to be removed at this property has not yet been made – as this is still under review and subject to a legal process.

“There are two separate processes running parallel – the planning application and the claim for a public right of way.

Knutsford Guardian:

"If the route is added to the definitive map and statement [the legal record of public rights of way] and if it is found that the width has been infringed, then removal of any infringing structures may be required.

"However, until completion of the legal process we are not in a position to confirm any stipulations for the route’s junction with Nantwich Road.”

Residents, including John Bayley of the Middlewich Public Rights of Way group, successfully argued that Manor Drive should be legally recognised as a public right of way – having been used to link the Manor Park estate to Nantwich Road and onwards to the town centre.

CEC still needs to go through the legal process to add Manor Drive to the definitive map and statement – a public consultation, and if no objections are received, a further confirmation period – which has been put back due to the impact of Covid-19.

Property owners Mike and Samantha Richards put up new £6,000 gate posts last year to prevent lorries damaging the front of their property when making last-ditch attempts to avoid the aqueduct.

At the committee meeting where Manor Drive was discussed, Sam said: "We have got no problem with people walking through here, but if we remove the gateposts like is being suggested then lorries will again start turning in this entrance.

“And as well as starting to damage my property again, these lorries will pose a greater danger for people who are using the walkway."

The planning application would have changed the use of the land between their property and Nantwich Road to residential, including where the gate posts were installed.

But in refusing it, planning officer Callum Mountifield said: "Walls [and] pillars have been constructed on the land without planning permission.

READ > Traveller family seeking permission to stay on Nantwich Road site

"While the path is still accessible for many users, there may be the potential for development in the future which would further restrict the access [if the application is approved].

"The comments in support of the application are also acknowledged – in particular that HGVs who approach the bridge have used the area for turning which has caused damage to the property.

"While this is a valid concern as demonstrated by supporting evidence, it would not be sufficient to justify the proposals with regard to adopted planning policy and could be addressed through other means."

CEC will issue a public notice when consultation begins on adding Manor Drive to the definitive map.