Issue - meetings

To consider the application to divert part of Public Footpath No. 26 in the Parish of Bollington. 

The Committee considered a report that detailed an application from
Mrs C Drake of Swanscoe Farm, Kerridge (the applicant) requesting that the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 26 in the parish of Bollington.

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 application had been made in the interest of the landowner due to security and safety concerns.  The current line of the footpath took the public down the driveway towards Swanscoe Farm, through the working farm yard, alongside a barn and then continued in a northerly direction along a field edge.  The applicant had been the victim of burglary on a number of occasions and had already taken other preventative measures and now wished to secure the area around the property and outbuildings.  The applicant also had safety concerns about the public walking through a working farm yard.  The diversion would benefit the applicant as the public would no longer need to walk through the farm yard.  The proposed route was currently in use as a permissive footpath running through an adjacent field.  It was similar in length, offered easier access with two pedestrian gates rather than field gates and stiles and provided a better view.

It was noted that no objections had been received.  The Committee considered that the proposed footpath was not substantially less convenient than the existing route.  The proposed route would also benefit the landowner in terms of security and safety.  It was therefore considered that the legal tests for the making and confirming of a diversion order had been 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. 26 Bollington as illustrated on Plan No. HA/028/FP26/002 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.