Issue - meetings

To consider the application to divert Public Footpath No. 1 in the Parish of Batherton. 

The Committee considered a report that detailed an application from
Mr G Horton (the applicant) of Millbank Farm, Batherton, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 1 in the parish of Batherton. 

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

The current definitive line of footpath No. 1 ran through the applicant’s garden and was currently obstructed by a wall and fence.  The applicant had constructed the wall and created the garden many years ago without realising that this was the definitive line of the route as people had always walked diagonally across the field in a more direct route.   It was only recently that they had been made aware of the correct line of the footpath.  The proposed diversion ran along the outside of the garden wall and then cut diagonally across the field to rejoin the definitive line.  The route was more direct and was currently in use by walkers.

It was noted that no objections had been received.  The Committee considered that the proposed footpath would be more enjoyable than the existing route in terms of amenity and that the new route was not substantially less convenient that the existing route.  The proposed route would also benefit the landowner in terms of his privacy. It was therefore considered that the proposed route would be more satisfactory then the current route and that the legal tests for the making and confirming of a diversion order were satisfied.

RESOLVED:  That

(1)       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. 1 Batherton as illustrated on Plan No. HA/043/FP1/001 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.