Issue - meetings

To consider the application to divert part of Public Footpath No.16 in the parish of Betchton

The Committee considered a report which detailed an application from Mr & Mrs K Beattie of Randle Rode Farm, Newcastle Road, Betchton, Sandbach (the Applicant), requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.16 in the parish of Betchton.

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 of the owner, lessee or occupier of the land crossed by the path. 

Mr C Meewezen spoke on the application as it was thought that the proposed path would be narrower than the minimum width proposed. He was also concerned about the steep drop down to the road and asked about the maintenance of the proposed diversion route as it was at present overgrown.

The Congleton Ramblers Association had registered objections as represented by Mr Meewezen, and the Peak and Northern Footpath Society supported these views although they had not registered formal objection.  Betchton Parish Council had registered that they did not object to the proposal.

The land over which the section of path to be diverted, and the proposed diversion belonged to the Applicant.  The section to be diverted was enclosed between temporary fencing and bisected a field used for livestock, yet the area to the eastern edge of the path was not currently used.  Diverting the path to the eastern field edge would enable better use of the field in terms of livestock management and would also separate the livestock from the public. 

It was confirmed that the minimum width of the path would be 1.75 metres wide and this width would be stipulated in the Order.  The Council would not certify the path as ‘fit for public use’ unless it accurately reflected the Order specifications including path width.

The Committee discussed the objections received and concluded that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would offer improved land and stock management capability for the landowner.  It was therefore 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)       providing that the Applicant agrees to enter into a maintenance agreement with the Council, 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.16 Betchton by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/088, 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  ...  view the full minutes text for item 14