Cheshire East Council's public rights of way committee unanimously approved plans to extinguish a Congleton footpath in order for a housing development to commence.

Miller Homes' reserved matters planning application to demolish some existing buildings and to construct up to 140 dwellings at land at Back Lane, Congleton, was approved in September last year.

The proposal to extinguish the footpath was put forward by the public rights of way team as an application had been submitted by Miller Homes.

Marianne Nixon, Public Paths Orders Officer, told Monday's meeting that it was considered necessary to extinguish Public Footpath No. 20 Congleton to enable the residential development that would otherwise obstruct the footpath, to go ahead.

The footpath runs from Back Lane to Public Footpath No. 2 in Somerford.

When consulted, Congleton West ward councillor Suzie Akers Smith questioned whether the developer was offering any contribution to cycle lanes, pathways or public open spaces in mitigation of allowing this public right of way to be extinguished.

In response, it was explained that the consented planning layout includes linkages for pedestrians and cyclists into and within the housing area.

These links will enable connections to the shared use footway/cycleway alongside Back Lane, to the shared use footway/cycleway alongside the Link Road and to the adjacent development site.

However, Marianne Nixon told the committee that whilst these various links are included within the development design, they couldn't be considered against the legislation under which the proposal was being made.

Marianne said: "The legal test that has to be met is that the footpath must be extinguished to enable the development to go ahead, irrespective of other considerations ongoing within the development."

Committee member, Councillor Liz Wardlaw said: "I appreciate improvements promised bring a healthy new connectivity to the area, but it concerns me that this committee has no power to ensure that is obligatory prior to extinguishment."

Ms Nixon told members that when it comes to the separate planning process, the committee will be consultees, but they don't have any jurisdiction.

Congleton Town Council had been consulted and commented that access would be improved through the development and that given this, they were content with the closure of the footpath.