Issue - meetings

To consider the application for the diversion of Public Footpath No. 70 (part) in the parish of Congleton

The Committee received a report which detailed a proposal to divert part of Public Footpath No. 70 in the parish of Congleton. 

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 existing line of Public Footpath No. 70 had been unavailable for many years, obstructed by mature hedges.  Re-instating the footpath on the original alignment would be very expensive to the public purse as a bridge, six stiles or gates, plus steps down a steep bank to the canal towpath would be required.

The proposed route followed field boundaries in a westerly direction to the canal towpath, providing a scenic and picturesque route for walkers and pleasant views of the countryside.  The path would be 2 metres wide with three kissing gates as opposed to six, a bridge and steps on the original route thus improving accessibility for walkers.

Mr P Hudson owned the land over which the current route and proposed route would run and had provided written consent and support for the proposal.

The Committee noted that no objections had been received and considered that diverting the route onto the proposed path would create a more accessible footpath for users and would open up a route that had been unavailable for many years.  It would also provide a scenic and picturesque route for walkers and lead to considerable savings for the public purse.  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. 70 Congleton by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/025, on the grounds that it is expedient in the interests of the public.

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.