Agenda item

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 the footpaths would be of considerable benefit to the landowner in terms of enhancing the security and privacy of the property.   The new routes would be more enjoyable as they passed through more open and scenic landscape.  It was therefore considered that the proposed routes would be a satisfactory alternative to the current ones 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. 20 and 28, Parish of Kettleshulme, by creating new sections of each public footpath and extinguishing the current path sections, as illustrated on Plan No. HA/065, on the grounds that it is 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.