Issue - meetings

To consider an application for the diversion of parts of Public Footpaths Nos.12 and 33 in the parish of Macclesfield Forest

The Committee received a report which detailed an application from Mr CR Hobson, 27 Ryle Street, Macclesfield (the applicant) requesting the Council to make an Order under Section 119 of the Highways Act 1980 to divert part of Public Footpath Nos.12 and 33 in the parish of Macclesfield.

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 paths and proposed alternative routes ran.  The existing route of Public Footpath No.12 ran in very close proximity to Higher Ballgreave Farm, which was undesirable in terms of privacy and security.  Higher Ballgreave Farm was an old unoccupied property owned by the Applicant, who was preparing to renovate the property and eventually intended to live there.  The length of Footpath No.12 proposed to be diverted was 189 metres.

The current route of Public Footpath No.33 began at its junction with Footpath No.12 to the rear of Higher Ballgreave Farm and also ran in close proximity to the property.  The length of Footpath No.33 proposed to be diverted was 170 metres. 

The proposed route for Footpath No.12 would run in a southerly direction to the east of and to the front of the property.  Due to the natural gradient here, the route would not be visible from the property as it would be on lower ground than the farm.  Diverting the footpath onto this route would provide impressive views for walkers of the surrounding Cheshire countryside which are not visible from its current alignment. 

The new route for Footpath No.33 followed the natural terrace along the hillside that ran to the west of and to the rear of Higher Ballgreave Farm.  This provided a more level surface for users and also improved panoramic views of the surrounding countryside.

The Committee noted that no objections had been received from the informal consultations and considered that the proposed routes would not be substantially less convenient that the existing routes.  Diverting the footpaths would be of considerable benefit to the landowner in terms of privacy and security.  It was therefore considered that the proposed routing would be a satisfactory alternative to the current ones 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 Nos.12 and 33 Macclesfield Forest by creating a new section of public footpath and extinguishing the current paths as illustrated on Plan No.HA/038 on the grounds that it is expedient in the interests of the owner of the land crossed by the paths.

2          Public Notice of the making of the Order be given and  ...  view the full minutes text for item 21