Agenda item

To consider the application to divert part of Public Bridleway No.5 and part of Public Footpath No.9 and the creation of a new Public Footpath in the parish of Marthall

The Committee considered a report which detailed an application from Mike Walker (a Public Rights of Way Consultant) on behalf of Mr R Brighouse of Mount Pleasant, Marthall, Knutsford, requesting the Council to make an Order to divert part of Public Bridleway No.5 and part of Public Footpath No.9 and create a new Public Footpath in the parish of Marthall.

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 path 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.  In accordance with Section 25 of the Highways Act 1980 the Council can enter into a Creation Agreement with the owner of the land to create a new public footpath.

Mr John White, North and Mid Cheshire Ramblers, addressed the Committee and asked about the informal consultation process as the comments he had submitted had not been included in the Report.  He was concerned about the nature of the surface on the proposed diversion route and that drainage would need to be improved.

Mr Brighouse, the Applicant, addressed the Committee and stated he would work with the Council to solve any surface and drainage issues.

The Applicant owned the land over which the current and the proposed diversions ran.  Mount Pleasant Farm had been demolished and had permission for the erection of a substantial new single residential dwelling to occupy the site, together with garaging, stables, a manege and small golf course.  Both public rights of way passed very close to the property.

The existing section of Public Bridleway No.5 Marthall to be diverted passed across the frontage of the property and directly crossed, what would be, dual access roads to the house and its facilities.  Diverting the path to a new route would offer greater privacy and security to the property as well as increasing the safety for users by removing potential conflict with vehicles crossing at two separate points in front of the property.  The new route would have a width of 4 metres with no requirement for any gates and for part of its length would have a stone based surface.

The existing section of Public Footpath No.9 Marthall to be diverted ran through fields and passed adjacent to the northern side of the new dwelling and then across fields behind.  Diverting this section would also afford greater privacy.  The new section of public footpath would have a width of 3 metres and would have kissing gates rather than stiles along its route.

A new section of footpath would be created linking from point M of the proposed new route for Public Footpath No.9 and would run north westerly to join Public Footpath No.6 at point J.  This path would have a width of 3 metres.

The Committee noted that no objections had been received during the informal consultation and considered that the proposed routes would not be substantially less convenient that the existing routes.  Diverting the Bridleway and Footpath would be of benefit to the landowner in terms of privacy and security to their property and the creation of a new direct link to Public Footpath No.6 Marthall would be a useful addition to the local public rights of way network.  It was therefore considered that the proposed routes were a satisfactory alternative to the current routes and that the legal tests for the making and confirming of the 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 parts of Public Bridleway No.5 and Public Footpath No.9 in the parish of Marthall by creating new sections of each path and extinguishing the current path sections, as illustrated on Plan No.HA/108, on the grounds that it is expedient in the interests of the owner of the land crossed by the paths.

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.

4          An agreement under Section 25 of the Highways Act 1980 be entered into with the landowner, Mr R Brighouse, to create a length of public footpath as detailed in the report and as illustrated on Plan No.HA/108.