Decision details

The committee considered a report which outlined the investigation to divert part of Public Footpath No. 3 in the Parish of Smallwood following receipt of an application from the landowner.

The committee considered the evidence submitted as outlined within the report and in accordance with Section 119 of the Highways Act 1980, noted it was within the Council’s discretion to make an Order if it appeared to be expedient to do so in the interests of the public or of the owner, lessee or occupied of the land crossed by the path. The committee agreed that the proposed diversion to divert part of Public Footpath No.3 in the Parish of Smallwood was in the interests of the landowner.

RESOLVED: (Unanimously)

That the Highways and Transport Committee

1. Agree that a Public Path Diversion Order be made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, to divert part of Public Footpath No.3 in the Parish of Smallwood as illustrated on plan number HA/153D on the grounds that it is expedient in the interests of the landowner

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.