Issue - meetings

To consider the application to divert part of Public Footpath No.13 in the parish of Warmingham

The Committee received a report which detailed an application from Mr D Cough of Axis (agent) on behalf of Mr H Torrence of TATA Chemicals Europe Ltd, PO Box 4, Mond House, Winnington Lane, Northwich, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Pubic Footpath No.13 in the parish of Warmingham.

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 land over which the current path and the proposed diversion ran belonged to TATA Chemicals Europe Ltd.  The section of Public Footpath No.13 Warmingham to be diverted ran though a farmyard where it was obstructed by a building and then it ran across a pasture field which was significantly uneven underfoot due to heavy usage by cattle. 

Diverting the path would resolve the obstruction issue and take users away from the farmyard along a route which would be better underfoot and more convenient.  The new route would be 2m wide, not be enclosed and would have two kissing gates and a sleeper bridge would be installed.  The new route would be more enjoyable for users as it would reduce the need to pass through a yard busy with large livestock and plant/vehicular machinery. Be more convenient since it would not be obstructed and would have a more even surface.

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 enable better land and stock management; safer control of operational machinery and vehicles in a busy farmyard; improve the privacy and security of property in the farmyard and resolve the issue of the current obstruction by a building in the farmyard.  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.13 Warmingham by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/074, on the grounds that it is expedient to do so 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  ...  view the full minutes text for item 20