Agenda item

To consider an application for the diversion of Public Footpath Nos 1, 2, 3 and 11 (parts) in the parish of Mobberley

The Committee received a report which detailed an application from Mr and Mrs A Edgar, Vale Wood Farm, Smith Lane, Mobberley (the applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath nos. 1, 2, 3 and 11 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 the 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 John White, representing the Ramblers (Vale Royal and Knutsford Group), spoke in relation to Footpath No. 11 being unavailable on the ground and, as this had been the situation for a number of years, asked that the Council take action on this in the next 12 months.

The applicant owned the land over which the current paths and the proposed diversion ran.  The sections of each Public Footpath to be diverted ran through the property of the landowner giving rise to concerns relating to security and safety, especially since Mobberley FP No.1 also ran through a barn.

The proposed new route would have a recorded width of 2m and would not be enclosed.  Of benefit to the public, the new route would be significantly more enjoyable as it would pass through more open and scenic landscape and would be easier to navigate as it simplifies passage past the farmyard and buildings.

The Ramblers Association had made a request in relation to the current line of Mobberley FP No. 11, which was unavailable to the south of Vale Wood Farm since a bridge was missing that would allow passage over a stream.  The legal line of the footpath was not clear and the Council was working to resolve this. 

The Committee noted that no objections had been received and considered that the proposed routes were not substantially less convenient than the existing routes and diverting the footpaths would be of considerable benefit to the landowner in terms of security and privacy of the property.  It was therefore considered that the proposed routes would be a satisfactory alternative to the current routes and that the legal tests for the making and confirming of a diversion order were satisfied. 

RESOLVED:

1          An Order be made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, to divert parts of Public Footpaths Nos. 1, 2, 3 and 11, Parish of Mobberley by creating new sections of each public footpath and extinguishing the current path sections, as illustrated on Plan No. HA/049 on the grounds that it was expedient in the interests of the owner of the land crossed by the paths.

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.