To consider the application to divert part of Public Footpath No.31 in the parish of Kettleshulme
The Committee considered a report which detailed an application from Mr J Hodgson of Black Hill Gate Farm, Kettleshulme, requesting the Council to make an Order to divert part of Public Footpath No.31 in the parish of Kettleshulme.
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 land over which the current path ran and the proposed diversion ran were owned by the Applicant and by Mr A Hodgson who had given written consent to the proposal.
The alignment of the current footpath was along the driveway and then in very close proximity to the front of the cottage at Blackhill Gate Farm. A permissive route was in place which took the path away from the immediate frontage of the cottage and had been in use for many years. Planning permission had been granted by the Peak Park planning department to extend the existing livestock barn, which would indirectly affect the current line of the footpath.
The proposed diversion was the route of the permissive path, which ran to the west of the current route and ran through pasture field – Points E-C on Plan HA/118. The new route would have a width of 2 metres and not be enclosed. There would be two pedestrian gates at points E and D.
The proposed new route was in the interests of the landowner for the reasons of privacy and security with regards to the current footpath’s proximity to the cottage and also reasons of land and animal management due to the planning permission to extend the livestock barn and enclose an adjacent secure area for handling cattle.
The Committee noted that no objections had been received during the informal consultation. 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 it would offer increased privacy and security and more efficient land and stock 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 Order were satisfied.
The Committee unanimously
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.31 by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/118 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.