Agenda item

To consider an application for the diversion of Public Footpath Nos.23 and 24 (parts) and the extinguishment of Public Footpath No.22 (part) in the parish of Disley

The Committee received a report which detailed an application from United Utilities requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpaths No.23 and 24 (parts) in the parish of Disley.

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 and or the owner, lessee or occupier of the land crossed by the paths.  Also in accordance with Section 118(1) of the Highways Act 1980 it was within the Council’s discretion to make an extinguishment Order if it appeared to the Council that it was expedient that a path or way should be stopped up on the grounds that it was not needed for public use.

Public Footpath No.24 was the subject of a diversion order under section 257 of the Town and Country Planning Act 1990 in 2010 when United Utilities were constructing a new spillway which directly affected the line of the footpath.  There was a significant amount of earth movement required in order to complete the construction and when the re-profiling was completed, the newly diverted line of the footpath was obstructed by fencing erected to surround a very steep depression/valley which had resulted from the earth workings.  The proposed diversion would address the obstruction by moving the path slightly further to the north to achieve higher and more level ground.  

It was also proposed to divert a short part of Public Footpath No.23, which connected to Footpath No.24 at its western end.  This short diversion would create a direct east west alignment to the connecting paths and avoid the necessity of walking a sharp angle in the path.  United Utilities had approached the Landowner and had received his permission to divert the path across a short section of his field.

As the result of these diversions a residual length of Public Footpath No.22 would remain and it was proposed to extinguish this length of path as once the diversions were in effect, this section would no longer be needed for use by the public.

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.  Diverting the footpath would be of benefit to the landowner in terms of land use in that they would have to undertake extensive re-profiling of the landscape and earth movement to reinstate the current line which would be expensive and unreasonable.  It was in the interest of the public as the diversion of Public Footpath No.23 would allow for the removal of a sharp angle in the path network, creating a more straightforward and shorter alignment.  The extinguishment of a residual part of Public Footpath No.22 would be necessary to tidy up the legal process.  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 and an extinguishment order were satisfied.

RESOLVED:

1          An Order be made under Section 119 of the Highways Act 1980 to divert parts of Public Footpath Nos.23 and 24 Disley and a separate Order be made concurrently to extinguish a residual part of Public Footpath No.22 in the parish of Disley, as illustrated on Plans Nos.HA/060 and HA/061, on the grounds that it is expedient in the interests of the owner of the land crossed by the path and the public and that under section 118 of the Highways Act , part of Public Footpath No.22, is not needed for use.

2          Public Notice of the making of the Orders be given and in the event of there being no objections within the period specified, the Orders be confirmed in the exercise of the powers conferred on the Council under the said Acts.

3          In the event of objections to the Orders being received and not resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.