Agenda item

To consider an application for the diversion of part of Public Footpath No.73 in the parish of Rainow

The Committee considered a report which detailed an application from Mr Colin Pickford of Thornsett Farm, Pedley Hill, Rainow (the Applicant), requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.73 in the parish of Rainow.

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 Neil Collie, East Cheshire Ramblers, spoke on the application and was concerned that the proposed diversion involved a steep climb for some 30m, which was contrary to the general direction of the existing path which followed the contours and was therefore significantly less convenient than the existing definitive line through the farmyard.

Mr Colin Pickford, Applicant, spoke in support of the application as the diversion would allow for better farm management and improve safety and security around the farm.

The land over which the section of current path to be diverted and the proposed diversion ran belonged to the Applicant.  The current route ran through the farm yard and the diversion was required for farm management reasons.  The diversion would allow the landowner to improve security around the farm and would have a benefit to his privacy. 

The proposed new route would have width of 2 metres, would not be enclosed and would have a grass surface.  Two pedestrian gates would be required instead of the five field gates on the current route, which were used to control livestock around the farm yard. 

The Committee considered the report and the comments received on the application from Rainow Parish Council, Cheshire East Ramblers and Alderley Edge Wilmslow and District Footpath Preservation Society and concluded that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would offer improved land and stock management for the applicant and increase safety for path users.  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.73 be creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/090, on the grounds that it is expedient in the interests 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, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.