Issue - meetings

To consider the application for the diversion of Public Footpath No. 8 (parts) in the parish of Baddington.

The Committee received a report which detailed an application from Messrs Williamson (the applicant) via their Agents – Hibberts LLP Nantwich, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 8 in the parish of Baddington.

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 the public or of the owner, lessee or occupier of the land crossed by the path.

The applicants owned the land over which the current path and the proposed alternative routes ran.  The first section (A-B) of the current line of Public Footpath No. 8 Baddington to be diverted ran across land which was currently used as a driveway and which the applicant intended to turn back into garden, by realigning the driveway to the property.  The applicant had received planning permission for the driveway alteration (reference P09/0004). The proposed new route of the footpath followed the realigned driveway.

The second section (C-D) of Footpath No. 8 to be diverted took a slight diagonal line across the length of a paddock and was undesirable in terms of land management and was problematic from the point of view of the applicant’s wish to possible extend gardens along the length of part of all of the paddock, from the farm buildings which may be converted into dwellings at a future date.  The proposed new route for this section takes a straight line along a wide grass track to the edge of the applicant’s property.  It would exit into the adjacent field where the applicant would install a new kissing gate. 

The Committee noted that there were no objections to the proposals and considered that the proposed routes would be as enjoyable as the existing route.  The new route was not substantially less convenient than the existing route and diverting the footpath would be of benefit to the landowners, particularly in terms of current and future land use.  It was therefore considered that the proposed route would be as satisfactory as the current route and that 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. 8, by creating a new section of public footpath and extinguishing the old part, as illustrated on Plan No. HA/015 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 to the Order 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  ...  view the full minutes text for item 11