Issue - meetings

To consider the application to diver part of Public Footpaths No.6 and 21 in the parish of Smallwood

The Committee received a report which detailed an application from Mr WS Thompson, Spen Moss Farm, Spen Moss, Smallwood, Sandbach, requesting the Council to make an Order under section 119 of Highways Act 1980 to divert part of Public Footpaths No.6 and 21 in the parish of Smallwood.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make and 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.21 Smallwood to be diverted ran through the property of Spen Moss Farm, passing by a lake, close to the applicant’s home and also ran through areas where they kept horses. Diverting the path to a new route would offer greater privacy and security to the property and enable better management of livestock.

The section of Public Footpath No.6 Smallwood to be diverted ran through fields, passing through a small paddock en route.  Diverting this section out of the paddock would aid with better management of livestock and the proposed route by default, providing a more direct route across fields from Spen Moss lane.

Mr Thompson owned the land over which the current paths and the proposed diversions ran except for a section of the proposed diversion that ran along a Spen Moss lane.  Research had revealed that this section was unregistered.  If the landowner emerged claiming compensation due to loss caused by a public footpath on their lane, Mr Thompson had provided written agreement to compensate them accordingly.

The Committee noted that no objections had been received from the informal consultations and considered that the proposed routes would be an improvement to the existing routes.  Diverting the footpaths would be of benefit to the landowner in terms of enhancing the security and privacy of their property and improving livestock management.  It was therefore considered that the proposed routes would provide a satisfactory alternative to the current routes 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.6 and No.21 Parish of Smallwood by creating new sections of each public footpath and extinguishing the current path sections as illustrated on Plan No.HA/078 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  ...  view the full minutes text for item 38