Agenda item

To consider the application to divert part of Public Footpath No.12 in the parish of Goostrey

The Committee considered a report which detailed an application from Robin Carr Associates (agent) on behalf of Mr & Mrs Dick of Swanwick Hall, Booth Bed Lane, Goostrey, requesting the Council to make an Order to divert part of Public Footpath No.12 in the parish of Goostrey.

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.

Margaret Barker, on behalf of Congleton Ramblers and Goostrey Footpath Group, said that they were opposed to the proposed route due to the gradients of the path, which would exclude some users of the present path.  The proposed route would be less enjoyable and convenient than the present path and views of the 17^th century hall would be lost and failed to meet the legal test for the granting of an Order.  The proposed new route would potentially run in part next to a proposed new housing development.

Roger Dyke, on behalf of Goostrey Footpath Group, stated that the Group had brought the footpath back into use in 1999 with the aim to make it safely negotiable by the less agile and eventually wheelchair and pushchairs.  The proposed new route had gradients which were longer and steeper than those of the present route which would permanently exclude those people who could cope with the short gentle climb on the present route but not the longer steeper climbs and descents on the proposed route.

Cameron Dick, applicant, stated that they had purchased the property three years ago and had developed an equestrian business at the property.  There was shared access to the house and yard, which could be busy at times and wished to divert the path for safety and security reasons.  He had commissioned an access audit of the proposed path and had implemented a number of the recommendations from the report.

The land over which the current path and the proposed diversion ran belonged to the Mr & Mrs Dick.  The current path ran immediately in front of the residential property and then between it and the adjoining barns/farm buildings through what was originally an area of farm yard, but was now more akin to the driveway, parking area and garages to the house.  Moving the footpath out of such an area would clearly increase the perception of both security and privacy of the property. 

The proposed new route would leave the drive way to Swanwick Hall and pass through a hand gate before running along a field boundary in a generally south south-easterly direction where it turns in an arc and proceeds down a re-graded slope, crossing a footbridge over the brook and continued up a further slope initially along the field boundary and then through open field through a hand gate to re-join Footpath No.12.

The proposed new route had been established as a permissive route in 2014 with full consultation with the Goostrey Footpath Group and Officers of the Council.  The Footpath Group had expressed reservations regarding issues surrounding access for people with mobility problems.

Following submission of the application a number of objections were received relating to accessibility issues for people with mobility problems.  In response the Applicant commissioned an access audit from a specialist in countryside access for people with disabilities.

The affected section of the existing footpath had a number of difficult structures e.g. double gate structures and a broad walk, and a potentially problematic gravelled surface.  The proposed new route would have only two gates, a footbridge which was more accessible than the board walk and better surfaces. In addition, work had been undertaken  to improve drainage and gradients towards meeting acceptable access standards. 

The Access Report was circulated as part of a second informal consultation exercise to which an objection and suggested changes to the route were received.

The Committee noted the comments made by the speakers and received from the User Groups from the two informal consultations on the application.

The Committee considered that the proposed route would not be substantially less convenient than the existing route and that diverting the existing route would be in the interest of the landowner and would increase security and privacy of the property.  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 the Public Footpath No.12 Goostrey by creating a new section of the public footpath and extinguishing the current path, as illustrated on Plan No.HA/110, on the grounds that it is expedient in the interest of the owner of the land crossed by the path.

2          Public Notice 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, and not subsequently withdrawn, the Order be referred to the Secretary of State for determined.