Issue - meetings

To consider the application for the diversion of Public Footpath No. 8 in the parish of Rainow

The Committee received a report which detailed a proposal to request the Council to make an Order under section 119 of the Highways Act 1980 to divert Public Footpath No.8 in the parish of Rainow to resolve long-standing problems with the footpath and to create a more accessible, usable route on the ground for the path users.  

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 existing definitive line of Public Footpath No.8 Rainow had been unavailable for numerous years.  It was difficult for the public to use due to the nature of the terrain and it was possible that the path was inaccurately recorded on the Definitive Map and Statement in the first place. 

The current line of the footpath ran in a northerly direction across a field and then through the garden to the rear of Burton Spring Farm and passed in extremely close proximity to the house, directly alongside numerous windows of the property.  This section of the footpath was also very narrow, approximately 1metre, and enclosed on both sides by the wall of the house on the eastern side and a retaining garden wall to the west of the property.

As the footpath leaves the garden there was a steep bank to climb with a gradient of approximately 1:2.  It then crossed another field with a cross slope which was difficult to traverse due to its gradient, which was approximately 1:4.  As it reached Bank Lane there was another steep bank for users to descend.  The definitive line was obstructed by walls and fences in a number of places.  Re-instating the footpath on the original alignment would be expensive for the Authorities maintenance budget, three stiles or gates would be required as well as approximately 15 steps up the bank leading from the garden.

The proposed route ran in a north easterly direction across a field to the east of Burton Springs Farm until it reached Bank Lane.  There were no steep sections for walkers to traverse and it offered a level surface.  It also required only one kissing gate providing a much more easily accessible route for walkers.  The proposed route would be unenclosed with a width of two metres and would offer better open views of the surrounding countryside.  Taking walkers away from Burton Springs Farm would allow the landowner to improve the privacy and security of their property considerably.

Mr Christopher Leek owned the land over which the current route and the proposed route ran and he had provided written consent and support for the proposal.

The Committee noted that no objections had been received and considered that the new route would not be substantially less convenient than the existing route.  Diverting the footpath would create a more accessible,  ...  view the full minutes text for item 48