Agenda item

To consider the application to divert part of Public Footpath No.2 in the parish of Eaton.

The Committee considered a report which detailed an application from Mr Bell of Wheelwrights Cottage requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.2 in the parish of Eaton.

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 the current path to be diverted and the proposed path ran belonged to the applicant.  The section of footpath to be diverted ran through the middle of a cultivation field and on into the grounds and gardens of Wheelwrights Cottage and exiting into pasture land.  The path passed close to the Cottage and at present there was a permissive path in place to the west of the definitive line that followed the garden boundary. The permissive path also ran in very close proximity to the Cottage. 

The proposed diversion  - points A-F-G-H-I-J-E on Plan No.HA/135, would be made in the interests of the landowner as it would divert walkers away from the middle of a cultivation field which would improve their land management and away from the Cottage, residential garden and existing outbuildings, thus improving the privacy and security of the property as a whole. 

An objection to the proposed diversion had been received from the Open Spaces Society and the Peak and Northern Footpaths Society and East Cheshire Ramblers had submitted comments, all relating to whether the proposed new route would be substantially as convenient as the existing route and on the effect of the embankment and temporary fencing on the enjoyment of the route.  

The Committee considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would improve land management and privacy and security of the property.  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.2 in the parish of Eaton by creating a new section of Public Footpath and extinguishing the current path, as illustrated on Plan No.HA/135, on the grounds that it is expedient to do so in the interests of the owner of the land affected by the Public Right of Way.

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.