Issue - meetings

To consider the application to divert part of Public Footpath No.7 in the parish of Goostrey

The Committee received a report which detailed an application from Mr S Lea of Foxwood Farm, Over Peover requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert two parts of Public Footpath No. 7 in the parish of Goostrey.

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 existing alignment of the first section of the footpath to be diverted followed a southerly then south-south-easterly direction to the corner of the field (shown as solid line A-B on Plan No.HA/077).  The proposed new route for this section would follow an existing farm track.  The landowner believed that the public already used the farm track.  The track was part concrete and part grass surface.  It was preferable to the landowner if the public walked on the track rather than across the grass field used for grazing.

The section second of path to be diverted – shown as solid line C-D on Plan No.HA/077, cut across a field which was used for crops.  The proposed new route would continue along the field edge from point C to E and exit onto Red Lane via a kissing gate.  It terms of farm management it was in the interests of the landowner that the path was diverted. 

The Committee noted that no objections had been received from the informal consultations.  Diverting the footpath in the two places would be of benefit to the landowner in terms of land management.  It was considered that the proposed routes would be satisfactory alternatives to the current ones 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.7 Goostrey, as illustrated on Plan No.HA/077, by creating two new sections of public footpath and extinguishing two sections of the current path 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 and not resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.