Issue - meetings

 To consider the application to extinguish part of Public Footpath No.29 in the parish of Sandbach

The Committee received a report which detailed an application from Mr Frank Murray of Ipstones Developments Ltd, 54 St Edwards Street, Leek (the Applicant) requesting the Council to make an Order under section 118 of the Highways Act 1980 to extinguish part of Public Footpath No. 29 in the parish of Sandbach.

In accordance with Section 118 (1) it is 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 of the owner, lessee or occupier of the land crossed by the path.

Mr C Meewezen spoke on to this application and stated that Congleton Ramblers had reported the path as being obstructed in 1993 and 1998 but no action had been taken.  He asked that consideration be given to diverting the footpath and stated that the alternative route was not a suitable alternative route.

The short section of Public Footpath Sandbach No.29 proposed to be extinguished had been unavailable since the mid 1990’s.  The majority of Public Footpath No.29 had been diverted in July 1994 by Congleton Borough Council under the Town and Country Planning Act 1990 to accommodate the housing development built between Moston Road, Elton Road and Salt Line Way.  It appeared that at the time, Congleton Borough Council had intended to divert the remainder of the footpath but the legal process was not undertaken.

An initial consultation for a proposed diversion of the footpath following the alignment originally proposed by Congleton Borough Council was carried out in April 2013.  The proposed diversion ran along an existing passageway between the rear of the houses on Chesterton Grove and the Applicant’s property for approximately 96 metres.  This section had a width of 1 metre.  There was a short section of tarmacadam path which ran for approximately 33 metres along the footway between the properties at Nos.17 and 19 Milton Way and rejoined with the existing line of the Public Footpath Sandbach No.29. 

There were three objections to this proposal, from the Ramblers Association, on of the landowners affected and an adjacent landowner.  The Council was unable to resolve these objections and it was felt that if the Council was to proceed with the proposal to divert the footpath, it was likely that this would fail.

In view of this and after extensive discussions with two of the landowners, it was agreed that the Council would accept and progress an application to extinguish this section of footpath as it appeared that it was no longer needed for public use.  There was an alternative route available via the adopted footway between Milton Way and Moston Way. 

The majority of the footpath it was proposed to extinguish crossed an industrial development site owned by the Applicant, who was also concerned that this could be potentially dangerous for any walkers using the route.  Part of the remainder of the path crossed the gardens of two residential properties. 

Objections to the proposal to extinguish the  ...  view the full minutes text for item 13