Agenda item

To consider the application to divert part of Public Footpath No.28 in the parish of Sandbach

The Committee received a report which detailed an application from Mr Ian Whitter of Brook Farm, Wheelock, Sandbach, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.28 in the parish of Sandbach.

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 path.

The applicant owned the land up to the field boundary at point F on Plan No.HA/068 amended.  Mr D Witter owned the land over which the section of the footpath and the proposed diversion ran between point F and G on Plan No.HA/068 amended and had provided written consent and support for the proposal. 

Part of the definitive line of Public Footpath No.28 Sandbach had been unavailable for a number of years and an unofficial diversion had been in place.  Whist the unofficial route was not recorded it was thought that it was put in place by Cheshire County Council in order to provide a useable route on the ground for the public after unsuccessful negotiations with the previous landowner at that time.

It was proposed to divert three sections of the footpath.  The first section to be diverted ran through the yard at Brook Farm. Diverting the footpath out of the yard would be of benefit to the landowner in terms of farm management, as well as removing any risk of accidents between members of the public and farm machinery.  It would also allow the applicant to improve the privacy and security of their property.

The second and third sections to be diverted ran across fields which were currently used for crops and had been unavailable on the ground for a number of years.  The proposed diversion would run across land to the north of the fields following the field boundary and be on permanent grassland.  Moving the legal line out of the fields would allow the landowner greater freedom in utilising the land and would also provide a more easily accessible route for users as only two gates would be required on this section, whereas seven were required on the existing legal line. 

The Ramblers Association had raised concerns about this section of proposed diversion as it was initially proposed to move the paths slighter further north and onto lower ground.  They were concerned that the route would be unsuitable for walkers during the winter months.  As a result the proposal was amended to move the proposed path onto higher ground - points D-E and points F-G on Plan No.HA/068 amended. 

The Committee noted that no objections had been received from the second informal consultations and considered that the proposed route would not be substantially less convenient that the existing route.  The diversion would provide a more accessible route for walkers as less path furniture would be required.  In addition enhanced views of the surrounding countryside would also provide a benefit to users.  Moving the footpath out of the farmyard would provide improved privacy and security for the landowner at Brook Farm.  Moving the footpaths out of the fields would allow both landowners greater freedom in utilising the land,  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: 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.28 in the parish of Sandbach by creating a new section of public footpath and extinguishing the current path (as illustrated on Plan No.HA/068 amended) on the grounds that it is expedient in the interests of the public and of the landowner.

(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.