Agenda item

To consider the application to diver part of Public Footpath No.13 in the parish of Pott Shrigley.

The Committee considered a report which detailed an application from Mr Bourne of Red Acre Hall Farm, Pott Shrigley requesting the Council to make an Order under Section 119 of the Highways Act 1980to divert part of Public Footpath No.13 in the parish of Pott Shrigley.

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.13 Pott Shrigley to be diverted and the proposed diversion belonged wholly to the applicant. The present line of the Public Footpath ran through a yard which was used to manage the movement of livestock and also through an enclosed courtyard which was often used for livestock control and also contained the entrance to the farm house, passing very close to the front door and windows of the dwelling.

A permissive footpath has been in place at the farm for the past 30 years – route A-C-B on Plan No.HA/144, and many of the walking guides in the area describe the permissive footpath instead of the definitive line. Diverting the Public Footpath onto the permissive route would increase privacy for the landowner and also enable the use of the courtyard to manage livestock in a more efficient way.  Moving users out of the farm yard would also increase their safety as many users preferring to avoid such areas in which livestock were held.

In response to the informal consultation on the proposal, comments had been received from Peak and Northern Footpath Society on the surface of the proposed route between Points A and C.  They had also commented, along with East Cheshire Ramblers, on the need for signage on the route if the Order was confirmed.

The Committee noted the User Groups comments and considered that the proposed route would not be substantially less convenient than the existing route as it had been used as a permissive path for a long time.  Diverting the footpath was in the interests of the landowner as it would increase their privacy and improve the efficiency of livestock management.  It may also be safer for users of the public footpath.  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.13 in the parish of Pott Shrigley by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/144, 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.