Issue - meetings

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

The Committee received a report which detailed an application from Mr WF Wright, Sound Lodge, Wrenbury Heath Road, Sound, Nantwich (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 Sound.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make the 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 Applicant owned the land over which the current path and the proposed diversion ran.  The section of Public Footpath No.6 Sound to be diverted ran through the property of the applicant giving rise to concerns relating to security and safety.  Furthermore, the bungalow belonging to the applicant was on the current alignment of the path rendering it unavailable to users.  The new route would have a recorded width of 2m and would be unenclosed.  Of benefit to the public, the new route would be significantly more enjoyable as it would pass thorough more open and scenic landscape.

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 landowner in terms of enhancing the security and privacy of the property whilst realigning the path to make it available for users.  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 Sound by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/046 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.