Agenda item

To consider the application to divert part of Public Footpath No.8 in the parish of Crewe

The Committee considered a report which detailed an application from Mr S Wheeler of Race Farm, Waldrons Lane, Coppenhall, Crewe requesting the Council make an Order to divert part of Public Footpath No.8 in the parish of Crewe.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order to divert a public footpath 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.

The land over which the current path and the proposed diversion ran belonged to the Applicant.  The section of Public Footpath No.8 Crewe to be diverted entered a field and ran along the eastern boundary close to the Applicant’s property before entering a fenced section leading to an exit stile at the north eastern field corner (points A-C on Plan No.HA/101).  Diverting this section of footpath to run along the northern field boundary would afford the applicant improved security and privacy by taking path users further away from the Applicant’s property buildings and adjacent land. 

The proposed new route would start at the junction with Waldrons Road, north of the start point for the current route, from where it would enter into a fenced section of path via a kissing gate. It would run along this fenced section in a generally east, south easterly direction along the northern field boundary to join the current footpath immediately before the stile at the north eastern field corner (point D-C on Plan No.HA/101).

The fenced section would have a width of 2.5 metres and have a grass surface. A drain would be installed at the beginning of the new route from Waldrons Road to resolve current drainage issues and this would be covered and the path surface levelled.

Relocating the start point of the footpath along Waldrons Road would not significantly affect connectivity to the wider path network.

The Committee noted that no objections had be received during the informal consultations and considered that the proposed route would not be substantially less convenient than the existing route.  The Peak and Northern Footpath Society had noted the need for regular maintenance of this footpath.  Diverting this part of the Footpath would be of considerable benefit to the landowner in terms of offering enhanced security and privacy to their property. It was therefore considered that the proposed route would be a satisfactory alternative to the current route 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.8 Crewe by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/101, 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.