Decision details

The Committee considered a report which outlined the investigation to extinguish Public Footpath No. 29 in the Parish of Knutsford following receipt of an application from Puro Property Partnership.

The report included a discussion of the consultations carried out in respect to the proposals and the legal tests to be considered for a diversion order to be made under the Town and Country Planning Act 1990.

The Committee considered the evidence set out within the report and agreed that that a public path extinguishment order be made under section 118 of the Highways Act 1980 on the grounds that they were satisfied that it was necessary to do so as it is no longer needed for public use, based on DEFRA guidance, Government guidance on diversion or extinguishment of public rights of way that pass through private dwellings, their curtilages and gardens, farmyards and industrial or commercial premises, published in August 2023.

RESOLVED: (Unanimously)

That the Highways and Transport Committee

1. Agree that a public path extinguishment Order be made under section 118 of the Highways Act 1980 for Knutsford Public Footpath No.29 in the Parish of Knutsford, on the grounds that the Public Footpath is no longer needed for public use.

2. Agree that public notice of the making of the Order be given and in the event of there being no objections within the period specified, the Order be confirmed in the exercise of the powers conferred on the Council by the said Act.

3. Note that in the event of objections being received, Cheshire East Borough Council be responsible for the conduct of any hearing or Public Inquiry.