Agenda item

To consider the application to diver part of Public Footpath No.51 in the parish of Odd Rode

The Committee considered a report which detailed an application from Ms Janet Yang on behalf of Network Rail Ltd requesting the Council to make an Order to divert part of Public Footpath No.51 in the parish of Odd Rode.

In accordance with Section 119(1) of the Highway 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 current path and the proposed diversion ran was divided between three landowners – the applicant Network Rail, Mr & Mrs A Preston and Miss J Batchelor.   The latter two had confirmed their written agreement to the proposed diversion. 

The section of Public Footpath No. 51 Odd Rode to be diverted passed beneath the southern span on a railway bridge (points B-C on Plan No. HA/114).  Following an inspection of the bridge foundations, staff from Network Rail concluded that the bridge needed to be strengthened.  Infilling the southern span and diverting the footpath to run beneath the northern span would be required to effect this (points E-F). 

The new route would be 2 metres wide and kissing gates would be installed on each side of the bridge span.  The bridge span itself would be renewed as part of the planned works and would measure 2 metres wide x 2.1 metres high.  The current overgrown vegetation would be cleared and measures put in place to ensure adequate drainage of the area.   The path surface would be grass except beneath the bridge where it would be brushed concrete. Although if necessary a firm aggregate would be laid on the path either side of the bridge.

It was reported that Railway and Canal Historical Society had requested that, due to Public Footpath No.51 following the alignment of the former Hall o’Lees Colliery Tramway, if any possible artefacts from the tramway were uncovered during work that the Society be allowed to inspect them in situ.  Network Rail has agreed to this request.

The Committee noted the comments from Odd Rode Parish Council and the Officers response that the diversion would not be certified by the Council as operable to the public unless all agreed works, including clearance of overgrown vegetation, provision of adequate drainage and renewal of the bridge span, were completed.

The Committee noted that no objections had been received during the informal consultation and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to Network Rail as it would enable them to undertake the necessary strengthening work to the railway bridge.  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.51 Odd Rode by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/114, 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.