Agenda item

To consider the application to divert parts of Public Footpath No.5 in the parish of Prestbury

The Committee considered a report which detailed an application from United Utilities Plc requesting the Council to make an Order to divert part of Public Footpath No.5 in the parish of Prestbury.

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.

Public Footpath No.5 Prestbury was a long path to the north west of Prestbury, which for most of its length followed the River Bollin.  The sections of footpath to be diverted were mid-way along the footpath, adjacent to the United Utilities Sewerage works, and were partly not available on the ground as the River Bollin had moved alignment and the adjacent land had suffered erosion due to the active nature of the river.

It was proposed to divert the effected parts of the footpaths onto a new route that was slightly further to the east of the current route and therefore, a safer distance from the river.  The new route would be 1.2 metres wide and have a rolled gritstone surface for this width. 

In response to the informal consultations on the proposed route, the Peak and Northern Footpath Society stated that they had reservations about the route being so close to the fencing which surrounded the sewerage works as they believed this made the walk less enjoyable.  East Cheshire Ramblers had submitted a letter which stated that they were not opposed to the diversion in principle but considered that the diversion between J and I, as shown on Plan HA/109, was unnecessary as the river was highly unlikely to erode this section of the footpath and also suggested minor amendments to the diversion which could enhance the future enjoyment by the public. 

In response Officers stated that they believed that as the section next to the fence was only a short distance compared to the full length of the route, this would not have a detrimental effect on the overall enjoyment of the route.  This was the most suitable position for the proposed route to ensure the longevity of the popular footpath, also the tree and foliage coverage on this section would make it difficult to divert the route elsewhere.

The Committee noted the comments received from the informal consultation, however they considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would make the route available for walkers and ensure the safety of the general public by moving the footpath away from the edge of the river bank ensuring the continued enjoyment of the well-used path.  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 resolved 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 Footpath No.5 by creating new sections of public footpath and extinguishing parts of the current path, as illustrated on Plan No.HA/109 on the grounds that it is expedient in the interests of the public.

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.