Issue - meetings

To consider the application for the diversion of Public Footpath No. 6 (part) in the parish of Sandbach

The Committee considered a report detailing an application from Mr R Astles, Chairman of Sandbach Rugby Union Football Club, Bradwall Road, Sandbach (the applicant) requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 6 in the parish of Sandbach.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order if it appeared to the Council to be expedient to do so in the interests of the public or of the owner, lessee or occupier of the land crossed by the path.

The land over which the current path and the proposed diversion ran belonged to the Sandbach Rugby Union Footpath Club.  The section of Public Footpath No. 6 to be diverted traversed parts of two rugby pitches.  To better manage use of the rugby pitches and the footpath, the applicant would like to divert the footpath to enable users to walk between the pitches rather than across them.  The new route would have a recorded width of 2m and would not be enclosed.  Of benefit to the public, the new route would be more convenient for users since it would pass between the pitches so separating path users from pitch users.

The Committee noted that no objections had been received and considered that the new route would not be substantially less convenient that the existing route.  Diverting the footpath would be of considerable benefit to the landowner in terms of improving land management in relation to use and maintenance of the rugby pitches.  It was therefore considered that the proposed route would be a satisfactory alternative to the current one and that the legal tests for the making and confirming of a diversion order were satisfied.

RESOLVED:

1          An 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.6 Sandbach by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/048 on the grounds that it is expedient in the interests of the owner of the land crossed by the path.

2          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 Acts.

3          In the event of objections to the Order being received, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.