Issue - meetings

To consider the application for the diversion of Public Footpath No. 9 (part) in the parish of Sutton

The Committee considered a report which detailed an application from Miss W Dignan, Higher Ridgegate Farm, Clarke Lane, Langley (the applicant) requesting the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.39 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 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 current path ran across land owned by the applicant.  The section of Public Footpath No.9 Sutton to be diverted ran through the property of the applicant and through pasture fields, giving rise to concerns relating to land management. 

The proposed new route would pass through a gap at point C on Plan No.HA/043 from Clarke Lane and continue in a northerly direction alongside a wall to the east, to reach a kissing gate.  This section would be fenced to a width of 2.5m.  Past the kissing gate the route would descend in north-westerly direction to reach the current termination at point B.  Apart from the fenced section, the new route would have a width of 2m and would not be enclosed on either side.  The proposed route would by shorter by 71 metres, less obstructed – one kissing gate instead of three field gates, provide better views across the open countryside and would take path users away from livestock on the applicant’s property and separate them from livestock on adjacent land owned by the applicant.

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 be of considerable benefit to the landowner in terms of improving land management.  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 an 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.9 Sutton by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No.HA/043 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.