Agenda item

To consider the application to divert part of Public Footpath No. 24 in the parish of Bollington

The Committee considered a report which detailed a joint application from Mr & Mrs Earl of Sycamore Quarry and Mr Beardmore of Endon Quarry, Windmill Lane, Kerridge, Macclesfield, requesting the Council to make an Order to divert part of Public Footpath No.24 in the parish of Bollington.

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 section of current path to be diverted and the proposed diversion ran belonged to the Applicants, with the exception of approximately 10 metres of the current route which belonged to Mr D Tooth, who had provided his written consent to the diversion. 

The current definitive line of the section of Public Footpath No.24 to be diverted was partly not available on the ground.  Part of the route was extremely steep and went through a wooded area and a post and wire fence.  A further section ran through the actually working quarry and the route had been quarried away.  The southern section also had a very steep gradient and was in close proximity to the edge of the working quarry and large earth moving machinery.

The proposed route of the diversion was currently being used as a permissive path, although improvements would need to be made with steps being installed and the path resurfaced as required.  The new route would have a width of 2 metres and would be enclosed for approximately 75 metres of its length between post and wire fences and would be a stone/earth surface. 

The Committee noted the comments received from Bollington Town Council Cllr Ken Edwards and East Cheshire Ramblers, and the complaint from Mr G Williams along with the Public Rights of Way Unit response.

The Committee considered that the proposed route would not be substantially less convenient that the existing route and that diverting the footpath would be in the interest of the landowners as it would allow them to continue with their current quarrying permissions.  It was 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.24 Bollington by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/104, on the grounds that it is expedient in the interests of the owners 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.