Issue - meetings

To consider the application to diver part of Public Footpath No.40 in the parish of Mobberley

The Committee considered a report which detailed an application from Mr & Mrs L Nardo (the Applicants) of Two Hoots Barn, Yew Tree Farm, Knutsford Road, Mobberley, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert Public Footpath No.40 in the parish of Mobberley.

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. 

In paragraph 10.3 in the report it should have stated ‘Mr & Mrs Nardo’ and not ‘Mr & Mrs Stubbs’.

The land over which the current path and the proposed diversion ran belonged to the Applicants.  The section of Public Footpath No.40 Mobberley to be diverted ran through the property of the applicants giving rise to concerns relating to privacy and security. The new route would take users away from the close proximity of the property buildings and would be more direct and pleasurable route across pasture land, with kissing gates instead of stiles.

The Committee noted that no objections had been received during the informal consultations and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would offer improved privacy and security to the Applicant’s property.  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 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.40 Mobberley by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/089, 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.