Issue - meetings

To consider the application for the diversion of Public Footpath No.34 (part) in the parish of Sutton

The Committee considered a report which detailed an application from Mr Stanley, Foxbank Farm, Sutton (the applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.34 in the parish of Sutton.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make the Order if it appears 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 applicant owned the land over which the current and the proposed alternative route ran.  Public Footpath No.34 commenced at its junction with Hollins Lane and ran in a generally westerly direction along the northern side of a field boundary up a steeply wooded slope for 64m where it joined the surfaced driveway to Foxbank Farm.  This first section of the path was not available on the ground and may represent a mapping anomaly on the definitive map.  The public used a permissive path along the southern side of the field boundary instead, through pasture. 

The definitive line of the footpath then continued along the surfaced farm drive, which was steep and narrow.  It continued to the end of the surfaced drive and passed the farm house to a field gate.  This section of the path was available to the public but most chose to continue along the permissive path on the southern side of the boundary, along the edge of the pasture field, rejoining the definitive line at the aforementioned field gate. 

The new proposed route would follow the aforementioned permissive alternative to the definitive line, along the northern edge of the pasture field, already much used by the public.  It had a natural grass surface, which the applicant would improve with stone flags or gritstone where it was narrow.  Although the path was completely unenclosed, it was along the edge of a steep slope and some work would be required to provide a level 1m width in front of the farm buildings. 

The proposal would formalise the situation on the ground by making the route currently used by the public the legal line of the route.  This would benefit the landowner in terms of security and privacy at the farm and reduce the potential for conflict between the public and farm vehicles using the steep narrow farm driveway.  It would also create a more enjoyable route for the public, as the uninterrupted views of the valley to the south were not available from the definitive line.  Also it would resolve the issue of the possible mapping anomaly of the section of the definitive route along the steep wooded slope up from Hollins Lane, which would be costly and problematic to install on the ground.

The Committee noted that no objections had been received and considered that the proposed footpath would be more convenient than the existing route.  Diverting the footpath would  ...  view the full minutes text for item 37