Agenda item

To consider the application to divert part of Public Footpaths No.10 and 29 in the parish of Wincle

The Committee received a report which detailed an application from Mrs Lahelma-Barnsley, Hawkslee House, Minn End Lane, Wincle , requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpaths No.10 and 29 in the parish of Wincle.

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.

In relation to the part of Public Footpath No.29 Wincle to be diverted, Mrs Lahelma-Barnsley owned the land over which the footpaths ran but not the land onto which it was proposed they be diverted.  This was Public Highway and as such, the Local Authority had agreed to the path being diverted onto it.

With respect to the part of Public Footpath No.10 Wincle proposed for diversion, Mrs Lahelma-Barnsley owned part of the land over which this currently ran and neighbours Mr JHE Berry of Hawkslee Farm and Mr K Van Roy of Kiss Wood Farm, owned the rest of the land.  The proposed diversion for this footpath would run over land solely owned by Mr K Van Roy and he had granted permission for this.

Diverting parts of Public Footpaths No.10 and 29 Wincle would improve privacy and security to the residents of Hawkslee and Hawkslee Farm whilst eliminating the need for users to walk through the gardens of these properties. It would also take users away from the current part of Public Footpath No.10 which ran along a stream bed and was very slippery underfoot.  The stream provided drainage for surface water on Minn End Lane and could not be obstructed, making it unavoidably wet and muddy all year round.  The new route would follow a track which had a semi surfaced section and a grassed section.

The Committee noted that no objections had been received during informal consultations and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpaths would be of considerable benefit to the landowner and their neighbour in terms of enhancing the security and privacy of the property.  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 parts of Public Footpaths No.10 and No.29 Parish of Wincle by creating new sections of each public footpath and extinguishing the current path sections, as illustrated on Plan No.HA/079, 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.