Agenda item

To consider the application to divert part of Public Footpath Nos. 34 and 35 in the parish of Macclesfield Forest.

The Committee considered a report which detailed an application from Mr Hurley of Whitehills Farm, Macclesfield Forest, requesting the Council to make an Order under Section 119 of the Highways Act 1980 to divert parts of Public Footpath No.34 and No.35 in the parish of Macclesfield Forest. The application was made on the grounds of privacy, security of the farm and improved management of the land. 

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 current line of the section of Public Footpath No.34 to be diverted passed within very close proximity to a residential property and through the middle of Whitehills farmyard and animal holding areas.  Where the path passed through the farmyard there was an obstruction caused by a wall forming part of an animal holding area and an agricultural structure installed prior to legislation requiring planning permission.  To avoid the obstruction walkers were able to use a permissive path that ran to the east of the farm.

The current line of the section of Public Footpath No. 35 to be diverted ran through an old barn erected sometime in the past, close to residential dwellings and through Whitehills farmyard.  A short permissive path was in place for the section obstructed by the barn which had a number of gates and stiles to negotiate and took walkers within close proximity to the residential dwellings and the working areas of the farm.

The proposed diversions of Public Footpaths No.34 and No.35, as shown on Plan No.HA/145, would take the existing paths away from the residential properties and the working farm environment, through a safer more scenic route and would reduce the risks associated with walking through a working farm.  The proposed diversions would offer improved views of the surrounding countryside. 

The Committee noted the comments made by the Peak and Northern Footpath Society and the Public Rights of Way Officer’s response.

The Committee considered that the proposed routes would not be sustainably less convenient than the existing routes.  Diverting the footpaths would be in the interest of the applicant as it would improve the privacy and security of the dwellings and improve land management. It was considered that the proposed routes would be satisfactory alternatives to the current ones 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.34 and part of Public Footpath No.35 in the parish of Macclesfield Forest by creating new sections of Public Footpath and extinguishing parts of the current paths, as illustrated on Plan No.HA/145, 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.