Agenda item

To consider the application to divert part of Public Footpath No.13 and the extinguish Public Footpath Nos. 11a, 13(part) and 13a/1 in the parish of Mobberley

The Committee considered a report which detailed an application from Mr R Dingle of LPC Living Ltd (agent) on behalf of Mr T Hamon of Argonaught Holdings, Third Floor, Elizabeth House, Ruettes Brayes, St Peters Port, Guernsey (applicant), requesting the Council make an Order under sections 119 and 118 of the Highways Act 1980 to divert part of Public Footpath No.13 and to extinguish Pubic Footpath Nos.11a, 13 (part) and 13a/1 in the parish of Mobberley.

In accordance with the Highways Act 1980 it was within the Council’s discretion to make an Order to divert a Public Footpath under Section 119(1) 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, and to extinguish a Public Footpath under Section 118(1) if it appeared to the Council that it is expedient that a path or way should be stopped up on the grounds that it was not needed for public use.

The land over which the current paths and the proposed diversion and extinguishment ran belonged to Argonaught Holdings Ltd.  The section of Public Footpath No.13 Mobberley to be diverted was unavailable at present due to steep gradients, boundaries and over growth.  Part of it ran along a river bank and was at risk of potential flooding.  Diverting it to align along an existing path that followed the site boundary would resolve these issues and reinstate public right of passage.

The sections of Public Footpath Nos. 11, 13 and 13a/1 to be extinguished ran across an industrial site but were obstructed by buildings and no longer of use to the public.  Historically, the proposal to extinguish them was planned at the time of the site development but the orders were never made.  Therefore the proposals would rectify this situation whilst protecting the security of the site that was desired by the applicant. 

The Committee noted that the Ward Member – Councillor J Macrae, had responded to the proposals. He had no objections to the proposed diversion of Public Footpath No.13 but objected to the extinguishments of Public Footpath Nos. 11a, 13 (part) and 13a/1 on the grounds that the site was currently being consulted upon in the Local Plan process and pre application discussions had taken place with the Council regarding redevelopment for mixed residential and/or employment use.  He considered that the public rights of way should not be extinguished at this time and that the future routes within and around the site should be considered as part of the redevelopment plans.

The Committee considered that the proposed diversion for Public Footpath No.13 in the parish of Mobberley would be an improvement to the existing route since it was level underfoot, without barriers and had steps and a footbridge to enable descent and ascent of the steep bank that flanked the small stream.  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.

The Committee considered the objection received from Councillor Macrae and concluded that the proposed extinguishments were in the interests of the landowner to legally meet the requirements first identified when the industrial site was built.  There had been no evidence of the public wishing to use the routes in question. 

The Committee unanimously:

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.13 in the parish of Mobberley by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/084, on the grounds that it is expedient in the interests of the owner of the land crossed by the path.

2          Orders be made under Section 118 of the Highways Act 1980 to extinguish Public Footpath Nos.11a, 13 (part) and 13a/1 in the parish of Mobberley, as illustrated on Plan No.HA/085, on the grounds that they are not needed for public use.

3          Public Notice of the making of the Orders be given and in the event of there being no objections within the period specified, the Orders be confirmed in the exercise of the powers conferred on the Council by the said Acts.

4          In the event of objections to any Order be received, the Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.