Issue - meetings

To consider the application to divert part of Public Footpath No.19 in the parish of Bunbury

The Committee received a report which detailed an application from Mr & Mrs Stubbs of Greenacres, Wyche Lane, Bunbury, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.19 in the parish of Bunbury.

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 land over which the current path and the proposed diversion ran belonged to Mr & Mrs Stubbs.  The section of Public Footpath No19 Bunbury to be diverted ran though the property of the applicants giving rise to concerns relating to privacy and security.  Furthermore the current path alignment through the property was obstructed by a building.  Diverting the footpath out of the property would offer improved privacy and security whilst resolving the alignment issue. 

The proposed new route (D-C on Plan No.HA/073) would follow a current permissive path that ran between the two properties ‘Greenacres’ and ‘Lynton’.  The new route had a width of 1.7 metres and was enclosed.  The new route would be more enjoyable for users by reducing the need to pass through a private garden and more convenient since it would not be obstructed.

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 offer improved privacy and security to the applicants’ property and resolve the outstanding obstruction issue.  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.19 Bunbury by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/073, 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.