Agenda item

To consider the application to diver Public Footpath No.11 in the parish of Basford

The Committee considered a report which detailed an application from Mr P Heslop of Goodman Real Estate (UK) Ltd requesting the Council to make an Order to divert part of Public Footpath No.11 in the parish of Basford.

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.  At the Public Rights of Way Committee meeting in September 2013, the part of Public Footpath No.11 Basford proposed for diversion was approved to be diverted under section 257 of the Town and Country Planning Act 1990 to allow for development approved in Planning Application 13/0336N.   The development and associated landscaping had now been completed. It had been the intention to confirm the unopposed legal orders to make the necessary path changes required to preserve the public right of way between the A500 and Crewe Road.  However, further consideration of the diversion route had resulted in the Applicant submitting a new proposal that would allow the footpath to be better aligned through the landscaped area, which was required to be processed under section 119 of the Highways Act 1980.

Informal consultation had been undertaken on the proposed diversion.  The Peak and Northern Footpath Society had responded making reference to section 7.8 of the Rights of Way Circular which gave guidance on the avoidance of using of estate roads for alternative alignment of public footpaths.  It was confirmed that the proposed diversion was not aligned along any estate roads.

The Committee noted that no objections had been received during informal consultations and considered the proposed route would not be substantially less convenient that the existing route. Diverting the footpath would be of benefit to the landowner to allow completing of the new public right of way between A500 and Crewe Road using Basford Footpath No.11 (part) and the recently adopted road network.  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 Public Footpath No.11 Basford by creating a new public footpath and extinguishing the current path, as illustrated on Plan No.HA/102, 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.