Agenda item

To consider the application to divert part of Public Footpath No.5 in the parish of Broomhall

The Committee considered a report which detailed an application from Mr Peter Hollinshead of Honeysuckle Cottage, Heatley Lane, Broomhall, requesting the Council make an Order to divert part of Public Footpath No.5 (part) in the parish of Broomhall.

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 alignment of the current footpath had been inadvertently obstructed by the recent erection of an agriculture building designed for storage and potentially housing cattle.  Honeysuckle Cottage comprised of a small holding with attached grazing land.  The building had been sited in order to best utilise the available land.  A retrospective planning application had been made to the Council and it was the consultation for this application which brought the matter to the attention of the Public Rights of Way Unit.  A site meeting took place with the landowner, during which it became clear that the available route of the footpath had been slightly offline and hence the misunderstanding regarding the siting of the building.  The application for planning permission had been withdrawn until the diversion order had been processed.

The land over which the section of Public Footpath No.5 to be diverted and the proposed diversion ran belonged to the Applicant.  The new route would have a width of 2 metres, with a grass surface and would not be enclosed.  The route would have a kissing gate rather than stiles. The proposed new route would be approximately 135 metres in length compared to the present route of 132 metres.

The Committee noted that no objections had been received during the informal consultations and considered that the proposed route would not be substantially less convenient that the existing route.  Diverting the footpath would be of benefit to the landowner in terms of aiding with land and animal management.  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 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.5 by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/105, 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.