To consider the application to divert part of Public Footpath No.41 in the parish of Haslington
The Committee considered a report which detailed an application from Victoria Webb-Johnson, Fields Farm, Sydney Road, Crewe requesting the Council to make an Order to divert part of Public Footpath No.41 in the parish of Haslington.
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 section of Public Footpath No.41 Haslington to be diverted and the proposed diversion ran belonged to the Applicant.
The current alignment went along the driveway for Fields Farm – points A-B on Plan No. HA/124, before turning onto an area of grass to a pedestrian gate – points B to C.
The proposed diversion would run along the northern boundary of the property – Points D to C, and be 2.5 metres wide with a stone surfaced width of at least 1.2 metres. The Applicant intended to enclose the path for livestock management and personal security and use a post and rail fence similar to other fences already on site. A new pedestrian gate would be installed at Point D to allow the new diversion to connect with Public Footpath No.22 Haslington.
The proposals were in the interests of the Applicant due to reasons of privacy and security. By moving the path to the north of the Applicant’s boundary, it was moved away from the residential buildings and improved security for the occupants. It would also provide better security and land management for grazing livestock. Moving the footpath from the driveway would remove the risk from the interaction of walkers and vehicles.
The Committee note that no objections had been received during the informal consultations and considered that the proposed route would not be substantially less convenient than the existing route. Diverting the footpath off the driveway of Field Farm would ensure privacy and security for the landowner and their livestock. 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.41 in the parish of Haslington by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/124 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.