Agenda item

To consider the application for the diversion of part of Public Footpath No.72 in the parish of Rainow and part of Public Footpath No.13 in the parish of Macclesfield Forest

The Committee considered a report which detailed a proposal initiated by the Public Rights of Way Unit recommending that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.72 in the parish of Rainow and part of Public Footpath No.13 in the parish of Macclesfield Forest.

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.

Mr Colin Pickford addressed the Committee and spoke in support of the application.

Complaints had been received from members of the public that the definitive line of the footpath was not available on the ground.  An alternative route was in use but this situation was confusing for users of the footpath.  It was believed that due to a drafting error during the Definitive Map process the path available on the ground was not consistent with the route shown on the Definitive Map.   At the point where Public Footpath No.72 Rainow and Public Footpath No.13 Macclesfield Forest met on the parish boundary (point C on Plan No.HA/091), the definitive line was not available on the ground.  There was a very steep embankment and a stream with no means to cross. Further south (point K on Plan No.HA/091) is where it was believed that historically the crossing point had always been as here the path was easier to negotiate and there was currently a stile and stepping stones to cross the stream. 

Three landowners were affected by the proposed diversion. The current definitive line of Public Footpath No.72 Rainow ran on land belong to Mr Charles Pickford of Dane Bent Farm, Rainow.  The proposed diversion would move the footpath onto land belonging to Mr Colin Pickford of Thornsett Farm, Rainow.  Both landowners were in agreement with the proposals.  The current definitive line and the proposed diversion of Public Footpath No.13 Macclesfield Forest ran on land belonging to Mr John Illingworth of Wickenford Farm, Macclesfield Forest.

The proposed diversion of Public Footpath No.73 Rainow would divert the path to cross the parish boundary at Point K, where it was proposed to install an 8 metre bridge to enable users to cross the stream. 

The proposed diversion of Public Footpath No.13 Macclesfield Forest would follow the line that was currently used by walkers and was similar in description to the Parish Walking Survey of the 1950s.    This diversion was partly in the landowner’s interest as the current route appeared to go through a manège area and therefore the diversion was for stock management reasons. 

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 footpaths would resolve the anomaly and offer improved land and stock management capability for one of the landowners.  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.72 Rainow and part of Public Footpath No.13 Macclesfield Forest by creating a new section of public footpath and extinguishing the current paths, as illustrated on Plan No.HA/091, on the grounds that it is expedient in the interests of the owner or the land crossed by the path and of the public.

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.