Agenda item

To consider the application to divert part of Public Footpath No.10 in the parish of Chorley

The Committee received a report which detailed an application from Mr D Hobbs (agent) on behalf of Mr and Mrs Sarwar (applicant and landowner) requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.10 in the parish of Chorley.

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 the owner, lessee or occupier of the land crossed by the path.

The existing alignment of the footpath ran directly through the garden of Rush Cottage.  This alignment had not been available to the public for many years.  An alternative route had been available to the public between the boundary of the garden and the boundary of the adjacent property, Gore Lane Farm.  It was this second route that was revealed as the definitive line of the footpath on a search undertaken with Macclesfield Borough Council when the property was bought.  The Applicants had been of the belief that this was the correct route until it came to the attention of the Network Management and Enforcement Officer that the definitive line was unavailable. 

The Applicants felt that to re-open the definitive line would greatly detract from the privacy and security of the property.  They also felt that they had the search done in good faith and consequently Cheshire East Council, as successor authority to Macclesfield Borough Council, had undertaken to process the diversion order at no cost to the Applicant.

Chorley Parish Council had originally objected to the proposal on the grounds that the proposed route was too narrow and bounded on one side by high leylandii trees which encroached onto the path and considered that the trees needed to be removed to make the proposal acceptable.  Lengthy negotiations ensued with the agent and the landowner and several site visits were held.  However the Applicants were very reluctant to remove the trees as they believed it would affect their privacy and security.  After a site visit with the Parish Council and Agent, a compromise was agreed that involved the removal of a section of the trees at the narrowest point of the path for a length of approximately 22 metres therefore allowing additional width and removing the problem of future encroachment.  The Parish Council agreed to withdraw any objection to an Order on the basis of this agreement.

The Committee noted that no other objections had been received from the informal consultations and considered that the proposed route would not be substantially less convenient that the existing route.  Diverting the footpath would be of benefit to the landowner in terms of privacy and security.  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. 10 Chorley, as illustrated on Plan No. HA/057 by creating a new section of public footpath and extinguishing the current path on the grounds that it is expedient in the interest 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 and not resolved, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.