Issue - meetings

To consider an application for the diversion of Public Footpath No.20 in the parish of Newbold Astbury

The Committee received a report which detailed an application from
Mr & Mrs N Plant of Peel Farm, Peel Lane, Astbury, Cheshire (the Applicant), requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert Public Footpath No.20 in the parish of Newbold Astbury.

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 the proposed diversion ran.  The section of Public Footpath No.20 to be diverted currently ran through the Applicant’s garden leading to privacy and security issues.  It then went through their busy livery yard creating a hazardous environment for walkers to pass through as the walker was in close confinement with large livestock.

The proposed new route would take users out of the applicant’s garden and livery yard and would be easier to navigate with more open and scenic views and reduce interaction with livestock.  The paths would be fenced and have a recorded width of 2.5 metres throughout and would have three kissing gates.  The proposed new route was marked as D-E-F-G-H on Plan No.HA/062.

The Committee noted that no objections had been received from the informal consultations and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to the landowner, particularly in terms of current stock management within a busy livery and improved privacy and security to the Applicant’s adjacent 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 Public Footpath No.20 Newbold Astbury by creating a new public footpath and extinguishing the current path, as illustrated on Plan No.HA062, 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.