Issue - meetings

To consider the application for the diversion of parts of Public Footpath Nos 7, 8 and 26 in the parish of Mottram St Andrew

The Committee received a report detailing an application from Mr and Mrs Holland, Woodside Cottage, Smithy Lane, Mottram St Andrew, Macclesfield (the applicant), requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert parts of Public Footpaths No 7, 8 and 26 in the parish of Mottram St Andrew.

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 paths and the provided diversion ran across land owned by the applicant and neighbouring landowners, Mr Carden of Woodside Farm, Smithy Lane, Mottram St Andrew and De Vere Hotels ltd, owners of Mottram Hall, Wilmslow Road, Mottram St Andrew. Both adjacent landowners had registered their agreement to the proposed diversion. 

The sections of Public Footpaths No. 7, 8 and 26 Mottram St Andrew to be diverted ran through the property of the landowner giving rise to concerns relating to security and safety.  The landowner also had planning permission to convert some of the outbuildings into living accommodation, adding to the need for increased privacy and security at the property. 

The new route would be significantly more enjoyable as it would pass through more open and scenic landscape and would have fewer barriers – two kissing gates as opposed to three stiles, a pedestrian gate and a field gate.  Also it would be less intimidating for users who were currently forced to pass between the buildings of Woodside Cottage and the busy livery yard at Woodside Farm.

The Alderely Edge Wilmslow and District Footpath Preservation Society had informed that Council that a claim had been submitted in April 2008 to upgrade Mottram St Andrew Footpath No.26 to a restricted byway (Definitive Map Modification Order No.MA/5/240).  The applicants were aware of the implications of this claim in relation to the proposed diversion of part of this path and had instructed the Council to continue.

The Committee noted that no objections had been received and considered that the proposed route would not be substantially less convenient that the existing route.  Diverting the footpaths would be of considerable benefit to the landowner in terms of enhancing security and privacy of their property.  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 parts of Public Footpaths No.7, 8 and 26 Mottram St Andrew by creating a new section of public footpath and extinguishing the current paths as illustrated on Plan No.HA/041 on the grounds that it is expedient in the interests of  ...  view the full minutes text for item 52