Issue - meetings

To consider the application for the diversion of Public Footpath No. 16 in the parish of Lower Withington

The Committee received a report which detailed an application from Mr & Mrs G C Brooks of Lowndes Farm, Lower Withington, Macclesfield (the applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert Public Footpath No. 16 in the parish of Lower Withington.

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 paths.

The applicant owned part of the land over which the current and proposed route ran.  Mr C R Kennerly, who owned the field to the west and east of Lowndes Farm over which part of the current path lay and proposed diversion would run, had provided written consent and supported the proposal.

The existing line of Public Footpath No. 16 Lower Withington passed directly alongside the windows of the main living room of Lowndes Farm, allowing walkers unrestricted views into the applicant’s home.

The proposed route would enter the applicant’s land approximately 50 metres south of the existing route.  It would provide easier access for walker as the two stiles which users currently had to negotiate would be replaced by two kissing gates, paid for by the applicant.  The new route would have a width of 2 metres, except where it was restricted by the kissing gates to 1.2 metres.  Although the new route would be slightly longer than the existing route, diverting the route would benefit the applicant in terms of privacy and security and walkers in terms of accessibility.

The Committee noted that no objections had been received to the proposal and considered that the new route was not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to the landowner in terms of privacy and security.  It would also benefit walkers in terms of accessibility.  It was therefore 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.

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 Public Footpath No. 16 Lower Withington by creating a new section of public footpath and extinguishing the current line, as illustrated on Plan No. HA/024, on the grounds that it is expedient in the interests of the owners of the land crossed by the path.

2                   Public Notice of the making of the Order be given and in the event of the 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  ...  view the full minutes text for item 23