Agenda item

To consider the application to divert part of Public Footpath No.49 in the parish of Rainow

During consideration of this application Councillor J Wray arrived to the meeting.  He did not take part in the discussion or voting on the application.

The Committee considered a report which detailed an application from Mr and Mrs Weaire of Wayside Cottage, Hough Hole, Rainow (the Applicant) requesting the Council to make an Order to divert part of Public Footpath No.49 in the parish of Rainow.

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 majority of the land over which the section of path to be diverted, and the proposed diversion, belonged to Mr W B Moss.  Mr Moss had provided written consent for the proposal.  The Applicant owned the remainder of the land at Wayside Cottage.

The proposals were in the interests of the applicants as it would move the footpath away from their home, thereby greatly improving privacy and security.

The section of Public Footpath No.49 Rainow to be diverted ran in very close proximity to the Applicants property, before exiting through a 2.5ft wicket gate onto the adjacent landowner’s pasture.  The path then travelled up a hill to meet Public Bridleway No.43 Rainow.  The pasture had a cross gradient slope of approximately 1:3-1:4, with a slope of approximately 1:5.  This made for uncomfortable and sometimes difficult walking for users, especially in wet and windy weather.

The proposed diversion would run along an existing track to meet Public Bridleway No.43 to the west and parallel to the current line of the path. It would pass through a 10ft field gate, which would be replaced with a 2 in 1 gate if the Order was made, to the south of Wayside Cottage, as indicated on Plan HA/117.  The path would then climb the hill at a gradient of 1:5 but with no cross gradient for users. 

The Committee noted that no objections had been received during the informal consultation and noted the queries from Cheshire Ramblers and responses provided, as set out in the report.

The Committee considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to the applicant as moving the footpath away from their home would improve privacy and security. 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.49 in the parish of Rainow by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/117, on the grounds that it is expedient in the interests of the landowners.

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.