Issue - meetings

To consider an application for the diversion of Public Footpath No.11 (part) in the parish of Mobberley

The Committee received a report which detailed a proposal to request the Council to make an Order under section 119 of the Highways Act 1980 to divert Public Footpath No.11 in the parish of Mobberley to resolve long-standing problems with the definitive line of footpath and create an accessible, usable route on the ground for the path users.

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 the owner, lessee or occupier of the land crossed by the path. 

The current definitive line of footpath had been unavailable for approximately 20-30 years.  It was difficult for the public to use due to the nature of the terrain and it was possible that the path had been originally incorrectly recorded on the Definitive Map and Statement.  Re-instating the footpath on its definitive alignment would be very costly to the public purse.  An 8 metre footbridge across Mobberley Brook plus steps up a very steep bank would be required, costing in the region of £15-20,000.  In addition, a stile would need to be installed where the path crossed the driveway and entered the field at the northern section of the route.

Mr and Mrs A Edgar owned the land over which the current route and the proposed route would run and they had provided written consent and supported the proposal.

The proposed route would run through a pleasant wooded area with open views of the Cheshire countryside to the west.  It would then require steps, surfacing and revetment as the route ran adjacent to the river before descending a slope to join an access track.  Stone steps would be installed on the descent, providing a low maintenance, long lasting and resilient surface.  No path furniture would be required.  The works on the proposed route would cost approximately £5000.

It was noted that Peak & Northern Footpaths Society and the Ramblers Association supported the proposed diversion.  No objections had been received from the initial informal consultations.  The Committee considered that the proposed route would be a satisfactory alternative to the current one and would resolve the long standing problem with the footpath and create an accessible, usable route on the ground where none had existed for several decades.  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. 11 in the parish of Mobberley by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/052, on the grounds that it is expedient in the interests of the public.

2          Public Notice of the making of the Order be given and in the event of there being no objections within the period specified,  ...  view the full minutes text for item 20