Agenda and minutes

Apologies for absence were received from Councillors R Cartlidge and D Druce.

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda

Councillor J Wray declared that he was the Ward Member for Item 6 – Diversion of Public Footpath No.2 (part) in the parish of Arclid, and Item 7 – Claimed Footpath at Malkins Bank Golf Course, Parish of Hassall.

To approve the minutes of the meeting held on 12 December 2011 as a correct record.

RESOLVED:

That the minutes of the meeting held on 12 December 2011 be approved as a correct record and signed by the Chairman.

To consider the application for the diversion of Public Footpath Nos. 20 and 28 (Parts) in the parish of Kettleshulme

The Committee received a report which detailed an application from Mr NJ Fogg, Tunstead Knoll Farm, Kettleshulme (the Applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert parts of Public Footpaths Nos. 20 and 28 (parts) in the parish of Kettleshulme.

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 paths.

The Applicant owned the land over which the current paths and the proposed diversions ran.  The sections of each Public Footpath Nos. 20 and 28 Kettleshulme to be diverted ran through the property of the landowner giving rise to concerns relating to security and safety.

The proposed new route would be in two sections.  With reference to Plan HA/065, the new route for Kettleshulme Footpath No.20 would, from point A in the pasture field, pass through a pedestrian gate (accessed by steps) to cross a second pasture field following a generally south easterly direction.  On reaching steps, it would pass through a second pedestrian gate onto a stone surfaced track (point D) and would follow this track in a southerly direction to steps at point J.  From here it would skirt a garage building by following an easterly direction to point K and then a south, south westerly direction to end by passing through sparse trees to terminate at point L on the metalled farm drive.

The new route for Kettleshulme Footpath No.28 would, from point F, leave the metalled farm drive to pass through a kissing gate and down steps into a pasture field to the south of the drive (point M).  It would then cross the pasture field in a south, south westerly direction to pass through a metal kissing gate at point N before continuing in the same direction to terminate at point I. 

The two new path sections would connect via a short stretch of existing line of Kettleshulme Footpath No.20.

The new path would have a width of 2m and would not be enclosed on either side except for a short section (D-J-K-L) which would be enclosed to a width of not less than 2.5m.   One kissing gate and three pedestrian gates would be installed along with steps as appropriate on steeper gradients. 

Of benefit to the public, the new route would be significantly more enjoyable as it would pass through more open and scenic landscape – reducing the need to pass between the farm buildings and along the private access track used by vehicles.  The new rout for Public Footpath No.20 would be approximately 61 metres shorter than the current route.

The Committee noted that no objections had been received from the informal consultations and considered that the proposed routes would not be substantially less convenient than the existing route.  Diverting  ...  view the full minutes text for item 38.

To consider an application for the diversion of Public Footpath No, 2 (part) in the parish of Arclid

The Committee received a report which detailed an application from Rowland Homes Ltd and Messrs Pace (the applicant) requesting the Council to make an Order under Section 257 of the Town and Country Planning Act 1990 to divert Public Footpath No. 2 in the parish of Arclid.

In accordance with Section 257 of the Town and Country Planning Act 1990, the Borough Council, as the Planning Authority, can make an Order stopping up or diverting a footpath or part of a footpath if it was satisfied that it was necessary to do so to enable development to be carried out in accordance with a planning permission that had been granted.

Planning permission had been granted on 16 November 2011 – Planning Permission Ref: 11/2394C, to the Applicant for the redevelopment of industrial/commercial premises and two detached garages and erection 18 dwellings (13 market/5 affordable), provision of Public Open Space and formation of replacement access for the dwelling Fairfield.  The consent was granted subject to the prior signing of a Section 106 agreement and a number of conditions. 

The current definitive line of the footpath had been unavailable for several decades.  The path was obstructed by a large building and than ran across the forecourt of the garage site to the A50 Newcastle Road. A permissive route had been in place for many years.  The section of footpath to be diverted was approximately 63 metres.  When the development takes place, the current definitive line would be obstructed by two houses and run across the cartilage of a number of properties in the development.

The proposed route would leave Newcastle Road and run along a pavement for approximately 35 metres before turning to run in a south westerly direction across a public open space for approximately 17metres.  As it left the open space, it then crossed a road and ran between houses for approximately 32 metres.  It then turned to run in a south easterly direction for approximately 17 metres to rejoin the existing line of Public Footpath No.2 at the stile which led into the adjacent landowner’s field.  

The section of the footpath from Newcastle Road to the southern side of the road (before it runs between the houses) would have a width of 2 metres.  The section between the houses would have a width of 3 metres and then the final section which runs in a south easterly direction at the rear of two houses would have a width of 2.5 metres.  The majority of the diverted paths surface would be tarmac, the short section through the public open space would be gravel.  The length of the proposed route was approximately 102 metres.

The Committee noted that no objections had been received from the informal consultations and concluded that it was necessary to divert part of Public Footpath No. 2 Arclid to allow the development to be carried out.  It was considered that the legal tests for the making and confirming of a Diversion Order under section 257 of  ...  view the full minutes text for item 39.

To consider the claim for a footpath at Malkins Bank Golf Course

The Committee received a report which detailed an investigation into a claimed footpath at Malkins Bank Golf Course, parish of Hassall, from Mill Lane to Bridleway No. 15 Hassall. 

Under section 53 of the Wildlife and Countryside Act 1981, the Borough Council had a duty, as surveying authority, to keep the Definitive Map and Statement under continuous review.  Section 53(c) allowed for an authority to act on the discovery of evidence that suggested that the Definitive Map needed to be amended.  The authority must investigate and determine that evidence and decide on the outcome whether to make a Definitive Map Modification Order or not.

With reference to Plan No.WCA/003, the claimed route commenced at Point A and ran in a northerly then north easterly direction crossing a stream and then running generally easterly to the north of the stream and continuing to its junction with Bridleway No.15.  The surface was grassed.  When the path left Mill Lane there was a post and rail fencing preventing access and further along the road to the south east there was a gap in the fencing/hedge.  There was no bridge where the path crossed the stream although the remnant of a sleeper bridge can be seen.

The claim for the footpath came to the attention of Cheshire County Council in approximately 2005 when an inquiry was made by Mr C Meewezen regarding whether a right of way existed at Malkins Bank Golf Course and consequently an application pack to make a claim to record the footpath was sent out to Mr Meewezen.  The existence of the footpath was being concurrently pursued by Mr Meewezen with the then landowner Congleton Borough Council. 

In order to address this situation Congleton Borough Council instigated a Footpath Task Group who contributed to a report put by the Health Scrutiny Committee before the Council’s Executive in April 2006.  The report accepted that there was no evidence that the claimed route had been stopped up or diverted since 1941 and considered that there was no evidence to suggest the route was currently being used and that the ‘used route’ was some distance away.  The report considered that the public attempting to use the route would be at considerable risk as it ran through the 6^th and 7^th fairways of the Golf Course.  The report concluded that it was felt that the need of the public had been addressed by the previous dedication of a bridleway running north to south across the course (Bridleway 15) and that the correct procedure to have a footpath recognised was to submit any relevant evidence with an application for the Definitive Map Modification Order to the Public Rights of Way Team at the County Council.

Officers in the Public Rights of Way Team had now carried out additional research to see if available historical documentation supported the existence of the footpath or showed the route had been formally closed by statutory procedure. 

It was found that the Bryant’s Map of 1831 showed part  ...  view the full minutes text for item 40.