Issue - meetings

To consider the application for the diversion of Public Footpath No. 32 (part) in the parish of Wildboarclough and Public Footpath No. 23 (part) in the parish of Sutton

The Committee received a report which detailed an investigation by the Public Rights of Way Team into the alignment of Footpath No. 32, Wildboarclough and Footpath No.23, Sutton and proposed that an Order be made under Section 119 of the Highways Act 1980 to divert part of the footpaths to correct the situation on the ground.

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

The section of Public Footpath No.32 Wildboarclough and Public Footpath No.23 Sutton (265 metres in length) to be diverted ran across sloping terrain over several fields of upland pasture.  It crossed a stone wall and stream just to the north of the parish boundary where there appears never to have been a stile/bridge to facilitate the path.  The length of footpath appears never to have been available to the public and it may be that it was poorly drafted onto the Definitive Map at the time of the original surveys in the early 1950s. 

As a consequence of the difficulty of the definitive routes a permissive line had developed on the ground.  This route was the proposed diversion and followed more level terrain along the valley.  Mr R May owned the land over which the current path and proposed path ran and had given his agreement to the proposals for diversion. 

The Committee noted that no objections had been received to the proposal and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to the public, particularly 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          That 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.32 Wildboarclough and part of Public Footpath No.23 Sutton by creating new sections of public footpath and extinguishing the current paths as illustrated on Plan No.HA/034 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 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.