Issue - meetings

To consider the application for the diversion of Public Footpath No. 52 in the parish of Bollington and Nos 35 (part) and 48 in the parish of Adlington

The Committee received a report which detailed an application from Mr and Mrs S Wall, Tip Farm, Lodge Brow, Bollington (the applicant) requesting the Council make an Order under section 119 of the Highways Act 1980 to divert Public Footpath  No.52 in the parish of Bollington and Public Footpaths No.35 (part) and 48 in the parish of Adlington.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make the 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 applicant owned the land over which the current paths and proposed diversions ran.  The sections of public footpath to be diverted lead to and ran through the property of the applicant.  To provide security and privacy to the applicant’s property, the proposed diversion route would take the path users away from the house and outbuildings and would allow better land management in relation to livestock.

The proposed route would be of benefit to the public as it would link Adlington Footpath No.35 with Adlington Footpath No.36, increasing user safety by providing a path parallel to but away from the narrow road – Lodge Brow.  Also it would be more accessible to users since there would be no barriers. 

The Committee noted that no objections had been received to the proposals and considered that the new route would not be substantially less convenient than the existing route.  Diverting the footpaths would be of benefit to the landowners, particularly in terms of privacy and security.  It was therefore considered that the proposed route would 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          That 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. 52 Parish of Bollington and Public Footpaths No.35 (part) and 48, Parish of Adlington by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No.HA/040 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 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.