Issue - meetings

To consider the application for the diversion of Public Footpath No.128 (part) in the parish of Wilmslow

The Committee considered a report detailing an application from Mr R Hurst, Dairy House Farm, Dairy House Lane, Woodford, SK7 1RA (the applicant) requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.128 in the parish of Wilmslow.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order if it appeared to the Council to be expedient to do so in the interests of the public or the 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.128 to be diverted ran to and through the busy working yard of Dairy House Farm, giving rise to concerns relating to security, safety and privacy. 

The proposed new route would leave the metalled track at point A on Plan HA/042 to enter the adjacent western field via a gap.  It would then continue westerly along the northern field boundary and then southerly along the western field boundary to terminate at the south west field corner at point C on Plan HA/042.  The new route would have a width of 2m, a length of 162m and would not be enclosed on either side.  The new route would take path users away from the busy working yard and would be unobstructed.

The Ramblers Association had suggested that the surface of the proposed route across the field should be treated with stone.  The Council’s position was that as the current route to be diverted crossed pasture, and then continued into pasture until its termination, it would not be reasonable or necessary to expect the applicant to provide a stone surface for the new route.  It was reported at the meeting that the Ramblers Association had now withdrawn their request and had accepted the Council’s position.

The Committee noted that there were no outstanding objections 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 enhancing the security and privacy of the 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 part of Public Footpath No.128 Wilmslow by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No.HA/042 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  ...  view the full minutes text for item 54