Issue - meetings

To consider an application for the diversion of Public Footpath No.16 in the parish of Aston by Budworth

The Committee received a report which detailed an application from Mr M Preston, 43 Redacre Close, Dutton, Cheshire (the applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.16 in the parish of Aston by Budworth.

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 Applicant owned the land over which the current path and alternative route ran.  Public Footpath No.16 Aston by Budworth ran across land at Walthall Farm, Colliers Lane, Aston by Budworth.  This Farm was previously a County Farm which was sold to the Applicant in November 2010.  The legal line of the footpath had been obstructed by a slurry pit and fence for many years and a permissive route had been in place.  A condition had been placed in the sale particulars for the farm that the buyers must apply for a diversion of the footpath and that the Council would indemnify the new owners against the cost of the diversion.

The Committee noted that no objections had been received from the informal consultations and considered that diverting the route would solve the long standing problem with the footpath.  Diverting the footpath onto the proposed route would create a legal, accessible, usable footpath on the ground where none had existed for many years.  It would also be of benefit to the landowner as moving the footpath away from the farmyard would help them to improve the privacy and security of their property.  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.16 in the parish of Aston by Budworth by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/053 on the grounds that it is expedient in the interests of the public and 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.