Agenda item

To consider an application to divert part of Public Footpath No.4 in the parish of Rope

The Committee considered a report which detailed an application from Mr and Mrs Shaw of Puseydale Farm, Shavington(the Applicant), requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.4 in the parish of Rope

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 legal definitive line of Rope Footpath No.4 was currently unavailable.  It had been obstructed by fences for a number of years, before the current owners purchased the property.  Walkers were currently using a route which ran parallel to the definitive line on land adjacent to Mr and Mrs Shaw’s property.   This anomaly was brought to light when the Applicants submitted a planning application for a new dwelling which, if approved, would be built on the definitive line of the public footpath (as indicated on plan no. HA/092).

To enable development to take place, under normal circumstances the footpath could be diverted under the Town and County Planning Act 1990 section 257.  However, this legislation can only be used to divert the section of path directly affected by the development.   Mr and Mrs Shaw wished to divert a longer section of the path than that which was directly affected.  It was therefore proposed to divert the path under the Highways Act 1980 section 119.

The application, under the Highways Act, had been made in the interests of the privacy and security of the applicant.  The proposal would move the footpath away from the applicants’ home and the proposed new dwelling.   Moving the footpath to the field boundary would also be of benefit in terms of farm/land management.  Horses were kept in the paddocks to the north west of Puseydale Farm and moving the footpath to the paddock boundary would enable the landowners to separate walkers from the animals, removing the risk of conflict between members of the public and the horses.  The diverted footpath would be unenclosed.  It would have a width of two metres and a grass/natural earth surface.

The Committee noted that no objections had been received during the informal consultations and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would offer improved privacy and security to the Applicant’s property and also benefit land management.  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 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. 4 in the parish of Rope, by creating a new section of public footpath and extinguishing the current path (as illustrated on Plan No. HA/092) on the grounds that it is expedient in the interests of the landowners.

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.