Issue - meetings

To consider the application for the diversion of Public Footpath No.18 (part) in the parish of High Legh

The Committee received a report which detailed an application from Mrs MF Pallett, Stores Farm Barn, Swineyard Lane, High Legh (the Applicant) requesting the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.18 in the parish of High Legh.

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

The section of Public Footpath No.18 High Legh to be diverted ran through the property of the landowner giving rise to concerns relating to security and safety. 

It was noted that the North and Mid Cheshire Ramblers Association had expressed concern that a stable and ménage, for which planning permission had been applied for, if built, may cause damage to the surface of the alternative route and affect enjoyability.  Following consideration of the response from the local authority, this concern was allayed since if the diversion was considered at a later date under the Town and Country Planning Act 1990 the diversion route options would be less attractive to users.  The current proposal would take users across a pasture field to the southern field boundary and then along that boundary between trees to the north of which is the proposed location for the ménage.  Therefore, the ménage and stables would not affect the current proposal other than to force the need for a fenced section between points D-B as shown on Plan No.HA/071.

The Committee considered that the proposed route would not be substantially less convenient that the existing route.  Diverting the footpath would be of considerable benefit to the landowner in terms of enhancing security and privacy of the 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:  That

(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.18 High Legh by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/071, 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.