Agenda item

To consider the application for the diversion of Public Footpath No.60 (part) in the parish of Wilmslow

The Committee received a report which detailed an application from Mr R Fowler (the Agent) of MBW Developments on behalf of Mr RN Scott (the Applicant) of Moat Hall Farm, Chelford Road, Marthall, Nr Knutsford requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.60 in the parish of Wilmslow.

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 land over which the current path and the proposed diversion runs belonged to Mr R Fowler of MBW Devleopments and the intention was that ownership would transfer to the buyer, Mr Scott on whose behalf Mr Fowler was acting upon.  The section of Public Footpath No.60 Wilmslow to be diverted skirted around the north western edge of a small lake.  A private dwelling would be built on the land over which the path ran giving rise to concerns relating to security and safety.  Planning permission for this development had been granted – Planning Reference: 10/1798M.

The proposed new route would skirt the small lake and would run in a southerly direction and then in a westerly direction as per Plan No. HA/070.  The new route would have a recorded width of 2 metres and would be unenclosed although it would be bounded by a hedge part of the route. 

It was noted that Wilmslow Parish Council had registered an objection to the proposal but this was withdrawn following reconsideration after discussion with the local authority.

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 offering enhanced security and privacy once the land over which the path ran was sold for the development of a private dwelling.  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:  That

(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.60 Wilmslow by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/070 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.