Decision details

The committee considered a report which outlined the investigation to divert part of Public Footpath No. 22 Haslington (“FP22”) and part of Public Footpath 38 Haslington (“FP38”) in the interests of the public and the landowner.

The committee noted that the proposed new routes would provide a suitable alternative alignment, with improvements including a surfaced track and the replacement of a stile with a kissing gate to enhance accessibility. The diversion was assessed as being no less convenient for the public and consistent with the Rights of Way Improvement Plan and the Council’s wider policy objectives.

Consultation responses were received from user groups and statutory undertakers. The Peak & Northern Footpaths Society expressed support for the proposal with suggested refinements, while the Open Spaces Society submitted an objection on the grounds of perceived inconvenience. No objections were received from Cadent Gas or the Ward Member.

Having considered the statutory tests under Section 119, the Committee agreed that it was expedient to divert the footpaths in the interests of the landowner and the public. An assessment under the Equality Act 2010 concluded there would be no adverse impact on users, and the installation of the kissing gate would improve access.

RESOLVED: (Unanimously)

That the Highways and Transport committee:

1.    Approve the making of a Public Path Diversion Order under Section 119 of the Highways Act 1980 for the diversion of parts of Footpaths Haslington FP22 and FP38, as illustrated on the plan appended to the report.

2.    Approve that public notice of the making of the Order be given, and that, in the event no objections are received within the statutory notice period, the Order be confirmed in the exercise of the powers conferred on the Council by the said Acts.

3.    note that should any objections be received, Cheshire East Borough Council will be responsible for the conduct of any hearing or Public Inquiry relating to the Order.