Issue - meetings

To consider the application to divert part of Public Footpath No.3 in the parish of Swettenham

The Committee considered a report which detailed an application from Mr M Dentith (agent) Latium Management Services on behalf of Mr B Kennedy (applicant) of Swettenham Hall, Swettenham, CW12 2J2, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.3 in the parish of Swettenham.

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 C Meewezan spoke in objection to the application as he felt that the current path was a safer route than the proposed diversion.  The current route exited onto a wide area which allowed walkers to stand on the highway without being exposed to traffic whilst the proposed route exited onto a bend on a narrower road where there was no footway.  He suggested that better signage would solve the problem of walkers using the metalled drive to the Hall. 

The report detailed that the land over which the current path and the proposed diversion ran belonged to the applicant.  The section of Public Footpath No.3 Swettenham to be diverted entered the grounds of the applicant’s property – Swettenham Hall, immediately adjacent to the entrance and metalled access drive to the Hall, causing some users to walk along the metalled access drive to the Hall, all of which was the private property of the applicant, instead of following the footpath.

Moving the crossing point further east of the entrance would clearly separate the footpath from the access drive.  This would ensure that path users were clear that the route of the footpath was not along the access drive whilst reinstating the privacy and security required by the applicant.

Objections to the diversion had been received from Congleton Ramblers, Peak and Northern Footpaths Society and Swettenham Parish Council.  

The Committee considered the objections received and concluded that the proposed route would not be substantially less convenient that the existing route.  Diverting the footpath would be of benefit to the landowner in terms of enhancing security and privacy to their property.  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 a diversion order were satisfied.

The Committee by majority:

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.3 Swettenham by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/083, on the grounds that it is expedient in the interests of the owner of land crossed by the path.

2          Public Notice of the making of the Order be given and in the event of  ...  view the full minutes text for item 7