Issue - meetings

To consider the application for the diversion of Public Footpath No.63 (part) in the parish of Disley

The Committee received a report which detailed an application from Mr R Maclean (the Agent) of Mattin Maclean Ltd on behalf of Disley Golf Club Ltd, Stanley Hall Lane, Disley requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.63 in the parish of Disley.

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 lessee or occupier of the land crossed by the paths.

Disley Golf Club owned the land over which the current path and the proposed diversion ran.  The section of Public Footpath No.63 Disley to be diverted ran through unused grounds of Stanley Hall Farm and it was the intention to landscape this land into gardens as part of wider developments to the farm property.  This gave rise to privacy and security concerns.

It was noted that the Cheshire East Ramblers and Disley Footpath Society had requested that consideration be given to surfacing of the diversion route between points C-D (shown on Plan No.HA/69) along with installation of steps at point D to ease the short decent from the tarmac road.

The Committee considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the route would be of considerable benefit to the landowner in terms of enhancing the security and privacy of the property. It was 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.63 Disley by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/069, 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.