Issue - meetings

To consider the application to divert parts of Public Footpaths No.5 and 19 in the parish of Prestbury

The Committee received a report which detailed an application from Mr A Ellis of Dowd Town Planning (Agent) on behalf of Mr Tom O’Connor (Applicant), of Unit 10, Sandfold Lane, Levenshulme, Manchester, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpaths No.5 and 19 in the parish of Prestbury.

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.

Mr O’Connor owned the land over which the current paths and the proposed diversions ran.  The sections of each of Public Footpaths No.5 and 19 Prestbury to be diverted ran close to and between the buildings at Top o’ th’ Hill Farm.  It was the intention to redevelop farm buildings to provide two dwellings and to use surrounding land for agricultural purposes.  Diverting the footpaths to a new route would offer greater privacy and security to the new properties and take users away from the access track on which vehicular use was likely to increase.  

It was noted that the East Cheshire Ramblers had requested that the boggy sections of the diversion route be surfaced appropriately or raised above the waterline if necessary and this had been agreed with the applicant.  No other objections had been received during the informal consultation.  The Committee considered that the proposed route would not be substantially less convenient than the existing route and that diverting the footpaths would be of benefit to the landowner in terms of enhancing the security and privacy of property and promoting good land management.  It was therefore considered that the proposed route would provide a satisfactory alternative to the current route 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 Footpaths No.5 and 19, Parish of Prestbury by creating new sections of each public footpath and extinguishing the current path sections, as illustrated on Plan No.HA/076 on the grounds that it is expedient in the interests of the owner of the land crossed by the paths.

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.