Issue - meetings

To consider the application to divert part of Public Footpath No.1 in the parish of Stapeley

The Committee considered a report which detailed an application from Mr T Moses of David Wilson Homes North West, 2^nd Floor, 303 Bridgewater Place, Birchwood, Warrington  WA3 6XF, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.1 in the parish of Stapeley.

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 land over which the current path and the proposed diversion ran belonged to David Wilson Homes North West.  The section of the path to be diverted ran across a residential development site although it was not directly affected by any of the planned buildings works.  Diverting the path through a more landscaped area would create a more pleasant walking experience for future residents and the general public, taking them through trees and grassed areas.  The route would end at the start of a new road which, when legally adopted by the Council, would allow users to reach London Road, close to the point at which the current route joined it.

The Committee noted that no objections had been received during the informal consultations and considered that the route would not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to the public as it provided a more pleasant walking experience.  It was therefore considered that the proposed route would be satisfactory alternative to the current one and that the legal tests for the making and confirming of a diversion were satisfied.

The Committee unanimously

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.1 Stapeley by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/082, 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.