Issue - meetings

To consider the application to divert part of Public Footpath No.10 in the parish of Congleton

The Committee received a report which detailed an application from Ms S Shaw of Bloor Homes, 2-4 Whiteside Business Park, Station Road, Holmes Chapel, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.10 in the parish of Congleton.

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.10 Congleton to be diverted ran through the gardens of two new residential dwellings on a new Bloor Homes development giving rise to concerns relating to security. 

The proposed new route – A-B-C on Plan No.HA/075, would follow a current permissive path behind the gardens.  The land over which the proposed diversion ran belonged to the Church of the Latter Day Saints and they had given written agreement for the diversion.

The Committee noted that no objections had been received from the informal consultations.  Diverting the footpath would be of benefit to the landowner in terms of providing privacy and security to the properties.  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 an 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.10 Congleton by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/075 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.