Issue - meetings

To consider the application for the diversion of Public Footpath No. 29 (part) in the parish of Brereton.

The Committee received a report which detailed an application from Mrs Emma Bromley-Devenport (the applicant) of Long Lane Farm, Davenport Lane, Brereton requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 29 in the Parish of Brereton.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order if it appeared to the Council to be expedient to do so in the interests of public or of the owners, lessee or occupier of the land crossed by the path. 

The applicant owned the land over which the current path and proposed alternative route ran.  The existing line of Public Footpath Brereton No. 29 ran through the applicant’s garden and extremely close to the applicant’s house.  The definitive line of the footpath had been partially obstructed for a number of years (before the applicant purchased the property) and diverting the footpath would deal with this long standing issue.

The proposed diversion would leave the driveway and pass through a small wooded area before entering the field south east of Long Lane Farm.  It would then run in a south westerly direction along the field boundary and then in a westerly direction across the field to join the existing line of the footpath.  The proposed diverted route was slightly longer than the current route; however, it passed through open countryside providing better views than the current route.  Moving the footpath out of the garden and away from the house would provide a less intimidating route for users and be of huge benefit to the landowner in terms of privacy and security.

The Committee noted that there were no objections to the proposals and considered that the new route was not substantially less convenient than the existing route and would be of huge benefit to the landowner.  Moving the footpath away from the house and house would allow the applicant to improve her privacy and security considerably and would also deal with the long standing issue of the legal line of the footpath being partially obstructed.  It was therefore considered that the proposed route would be more beneficial than the current route and the legal tests for making and confirming of a diversion order were satisfied. 

RESOLVED:

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. 29 Brereton, by creating a new section of public footpath and extinguishing the old part, as illustrated on Plan No. HA/016 on the grounds that it is expedient in the interests of the owner of the land crossed by the path.

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 powers conferred on the Council by the said Acts.

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