Issue - meetings

To consider the application for the diversion of Public Footpath No. 9 (part) in the parish of Chorlton

The Committee received a report which detailed an application from Mr and Mrs A Parker, Oakleigh Cottage, Newcastle Road, Chorlton, Crewe (the applicant) requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.9 in the parish of Chorlton.

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 applicants owned the land over which the currant path ran.  The land over which the proposed diversion ran belonged to Mr and Mrs Sellars, Basford House, Newcastle Road, Chorlton, Crewe, who had given agreement to the diversion.  The section of Public Footpath No.9 Chorlton to be diverted ran through the property of the applicant giving rise to concerns relating to security and safety and was also obstructed by buildings.  Diverting the path would offer improved privacy and security whilst realigning the path to a useable line.  Of benefit to the public, the new route would be significantly more enjoyable as it would pass through more open landscape and be unobstructed.

The Committee noted that no objections had been received and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would be of considerable benefit to the applicant in terms of enhancing the security and privacy of the property and realigning the path to be available for public use.  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.9 Chorlton by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/050, 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.