Agenda item

To consider the application for the diversion of Public Footpath Nos. 4 and 5 (parts) in the parish of Great Warford

The Committee received a report which detailed an application from Mrs Byrom, Little Moss Farm, Chelford Road, Great Warford (the applicant), requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert parts of Public Footpath Nos. 4 and 5 in the parish of Great Warford.

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. 

The Applicant owned the land over which the current path and the proposed path ran.  The section of Public Footpath No.5 in the parish of Great Warford to be diverted ran through the property of the Applicant giving rise to concerns relating to security and safety.  The Applicant also had planning permission to convert some of the outbuildings into leisure facilities adding to the need for increased privacy and security at the property. 

The Ramblers Association, Peak and Northern Footpath Society and Alderley Edge Footpath Society, having walked the proposed diversion route, had requested that the surface of the section across pasture land be treated to prevent water-logging and that the route was appropriately waymarked.

A letter of objection had been received from Great Warford Parish Council, in which they suggested a shorter diversion around the south side of the farm buildings.  This alternative route had been discussed with the applicant, who felt that this route would still give rise to concerns relating to security and safety.  The Greenspace Manager stated that he would suggest to the Parish Council that he attends a future meeting to discuss the diversion and explain the process for the making of an Order under section 119 of the Highways Act 1980.

The Committee considered that the proposed route would not be substantially less convenient than the existing route. Diverting the footpath would be of considerable benefit to the landowner in terms of enhancing security and privacy of the 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.

RESOLVED:

1          An Order be made under Section 119 of the Highway Act 1980, as amended by the Wildlife and Countryside Act 1981, to divert parts of Public Footpath Nos. 4 and 5 in the parish of Great Warford by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/045, 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.