Agenda item

To consider an application for the diversion of Public Footpath No.51 in the Parish of Rushton Spencer, County of Staffordshire, to become Pubic Footpath No.83 in the Parish of Congleton

The Committee received a report which detailed an application from Mr & Mrs C Goodfellow, Bridestone, Dial Lane, Congleton (the applicant) requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.51 in the parish of Rushton Spencer, County of Staffordshire to become Public Footpath No.83 in the parish of Congleton.

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.  Section 120 of the Highways Act 1980 made additional provision in the exercise of powers of Highways Authorities under section 119.  Section 120(1) provided that where a footpath lies partly within and partly outside the area of a council, powers conferred under section 119 extend to the whole path “as if it lay wholly within their area”.  Section 120(1) requires consultation with, and the consent of, the council in whose area the other part of the path was. 

The Applicant owned the land over which the current path lay and the over which the proposed diversion ran.  Following a site meeting with the landowners, user groups and a representative from Staffordshire County Council it was agreed that Cheshire East Council would act as the agent and progress the application.

Rushton Spencer Public Footpath was previously a cul de sac route.  An application had been received in April 2001 to add Public Footpath No.82 Congleton to the definitive map.  An Order was made and received a number of objections and a public inquiry was held in January 2011.  The Order was subsequently confirmed by the Planning Inspectorate subject to modifications.  An objection was received to the modified Order based on a number of technical errors and was currently being dealt with by the Planning Inspectorate using the written representations procedure.  Congleton Public Footpath No.82 created a link between Rushton Spencer Public Footpath No.51 and Rushton Spencer Public Footpath No.50.

The definitive line of Rushton Spencer Public Footpath No.51 ran along the drive to the quarry and Bridestones Farm.  It then ran through a large pipe which was installed by the previous landowner a number of years ago and was an illegal obstruction.  When the path left the pipe it then passes through a working farmyard where livestock where kept for six months of the year. This could be intimidating for some walkers and caused issues with animal waste creating a muddy surface which was difficult to cross.  The Applicants had also had issues with walkers wandering away from the definitive line of the footpath and entering the busy quarry yard.  The length of the footpath to be diverted was approximately 375 metres.

The Committee noted that no objections had been received from the informal consultations and considered that the proposed route would not be substantially less convenient than the existing route.  Moving the footpath away from the farm and quarry would help the landowners with the running of their businesses and allow them to increase the privacy and security of the site.  The proposed route would offer a less intimidating footpath for walkers and provided enhanced, panoramic views of the Cheshire countryside and the Bridestones monument.  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 Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, to divert part of Public Footpath No.51 Rushton Spencer to become Public Footpath No.83 Congleton by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No.HA/055 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.