Issue - meetings

To consider a report on the investigation into the alignment of Public Footpath No.12 in the parish of Hough

The Committee received a report which detailed an investigation into the alignment of Public Footpath No.12 in the parish of Hough.

Section 53 of the Wildlife and Countryside Act 1981 placed a duty on the Borough Council to keep the Definitive Map and Statement under continuous review.  Section 53(3)(c) allowed for an authority to act on the discovery of evidence that suggested that the Definitive Map needed to be amended.

An investigation had been carried out into the alignment of Public Footpath No.12 in the parish of Hough as a result of a query by the landowner of a field where part of the footpath ran.   As part of an enforcement procedure the landowner had questioned whether the footpath actually ran on their land as there were discrepancies between the Definitive Map and the early stages of the Definitive Map process.

The contention over the existence and exact route of the footpath had been simmering for many years, with path users experiencing problems since the mid 1980s.    In 1986 planning permission, which had been refused by Crewe and Nantwich Borough Council, was granted on appeal for Quarantine Kennels at Hollies Farm.  The existence of the footpath must not have been disclosed by this process as the kennels were constructed over the footpath, obstructing the route.  It was at this point that it came to light that the original path recorded on the Definitive Map was anomalous as there was a gap between the end of the adopted highway and the commencement of the footpath adjacent to Hollies Farm, which made enforcement to remove the obstruction complicated.

In 1994 research was undertaken into this anomaly and a modification order was made and confirmed which recorded an additional length of path - number 12A, linking footpath 12 to Birch Lane adjacent to Hollies Farm.  In 1995 the landowner had inquired about diverting Footpath No.12. However negative comments were received from consultation undertaken and works order was issued to re-open the path by the installation of three stiles, signage and waymarking. 

Further problems were reported in 1996 and 1997 about the route not being clearly marked as the existing waymarking was on the wrong side of the hedge.  Further waymarking work was issued and on inspection the path was usable.  In 1999 there was another complaint about a locked gate and a fence obstructing the footpath.  When inspected by the maintenance officer the path was found to be available.  At a meeting with the Public Path Officer the discrepancies between the route shown on the Definitive Map and available on the ground were discussed.  Theyreferred to part of the path that ran along the access drive to Yew Tree Farm and then crosses the boundary into the adjacent field.  The Definitive Map showed the path continuing on the Yew Tree Farm side of the boundary and not entering that particular field at all.  This matter was looked into by the Public Path Officer with reference to internal documents that formed the process  ...  view the full minutes text for item 16