Agenda item

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

The Committee considered a report which detailed an application from Mr N Forster and Mr R Pace of Crane Hire Direct Ltd, Old Smithy Garage, Newcastle Road, Arclid 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 Arclid.

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.

Public Footpath No.2 Arclid ran across the curtilage of the garage forecourt at Pace’s Garage/Crane Hire Direct.  It was partly obstructed by a large garage and had been for several decades.  The remainder of the route ran across the garage forecourt which was used by heavy crane and other machinery.

Mr R Pace of Pace’s Garage/Crane Hire Direct was in the process of selling the land and business.  The proposed new landowner - Mr N Forster, had made the application with the current landowner’s agreement and permission to try to resolve the long standing obstruction.  The land over which the diversion would run belonged to the applicants’ adjacent landowner. Written permission for the proposal had been provided by the adjacent landowner.

The proposed diversion would run to the rear of the garage and then turn towards Newcastle Road – as shown on Plan No.HA/133.  Other than the short section of path behind the garage, which was 1.2-1.5 metres wide due to existing constraints, the path would be enclosed by a post and rail fence on the southern side of the route and security fencing on the northern side of the route, with a width of 2 metres. 

Separating walkers from the garage forecourt would provide a benefit to the landowners in terms of security and privacy for the business and moving walkers away from heavy plant and machinery would be of benefit in terms of health and safety. 

The Committee noted that no objections had been received during the informal consultation process and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would resolve a long standing problem and provide a legal, usable route on the ground where none had existed for many years.  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 Arclid by creating a new section of public footpath and extinguishing the current line, as illustrated on Plan No.HA/133, on the grounds that it is expedient in the interests of the landowner.

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.