Issue - meetings

To consider the application for the diversion of Public Footpath No. 6 and Bridleway No. 1 in the parish of Congleton

The Committee received a report which detailed an application from Mr P Chadwick, Moreton Meadows Farm, Waggs Road, Congleton (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 and part of Public Bridleway No.1 in the parish of Congleton.

In accordance of Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make the Order if it appears 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 and bridleway.

The applicant owned the land over which the current path, bridleway and proposed diversion ran.  The section of Public Footpath No.6 Congleton to be diverted ran through the property of the applicant giving rise to concerns relating to security and safety.  The section of Public Bridleway No.1 Congleton to be diverted would realign it to the currently used line thus resolving an outstanding alignment issue.  The new section of bridleway would be enclosed on both sides and have a recorded width of 3.5m along the new route and the new section of footpath would have a recorded width of 2m. Of benefit to the public, the alignment issue in relation to the bridleway would be resolved and the new footpath would be significantly more enjoyable as it would pass through more open landscape.

The Committee noted that no objections had been received and considered that proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would be of considerable benefit to the landowner in terms of enhancing security and privacy of the property.  Diverting the bridleway would resolve an outstanding alignment issue.  It was therefore considered that the proposed routing 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 1980, to divert parts of Public Footpath No.6 and Bridleway No.1 in the parish of Congleton by creating new sections of path and bridleway and extinguishing the current path and bridleway, as illustrated on Plan No. HA/051, on the grounds that it is expedient in the interests of the owner of the land crossed by the path and bridleway.

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.