Issue - meetings

To consider the application to extinguish Public Footpath No. 4 and Restricted Byway No. 6 (part) in Middlewich.

The Committee considered a report which detailed the proposal to extinguish Public Footpath No.4 and Restricted Byway No. 6 (part) in Middlewich.

In accordance with Section 118(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order if it appeared to the Council that it was expedient that a path or way should be stopped up on the ground that it was not needed for public use.

Public Footpath No. 4 and Restricted Byway No. 6 (part) were currently obstructed by a large housing estate, constructed some time in the 1960s by Middlewich Estates Limited.   The obstruction of these rights of way had occurred as the Planning Authority at the time had failed to ensure that the proper legal processes were followed and did not make a stopping-up order to legally extinguish the line of the footpath/restricted byway, prior to the development being carried out.

The situation had come to light in 2006 when an owner of an affected property attempted to sell their house and the vendor’s solicitor conducted a legal search to see if it was affected by a public right of way.  At the time, Cheshire County Council confirmed to all parties concerned that no enforcement action would be taken on the legal lines of these routes.  Despite this, the sale fell through.

It was agreed that Congleton Borough Council, as the successor Planning Authority, should take responsibility for the matter and undertake to legally extinguish the lines of the public rights of way affecting the properties, under section 118 of the Highways Act 1980.  The Borough Council consulted the affected property owners but had progressed the matter no further and following Local Government Reorganisation, the matter was passed to the Public Rights of Way Team for resolution.

It was noted that no objections had been received.  The Committee considered that Public Footpath No. 4 and Restricted Byway No, 6 (part) were not needed for public use, as alternative access was available via the adopted road network of the housing estate.  It was in the interest of all the owners affected by these rights of way that they were legally extinguished to avoid any future attempts at conveyance being jeopardised. 

RESOLVED: 

(1)       that an Order be made under Section 118 of the Highways Act 1980 to extinguish Public Footpath No.4 and part of Restricted Byway No. 6 Middlewich, as illustrated by the markings A-B-C on Plan No. HA/207/FP4_RB6/004, on the grounds that they are not needed for public use.

(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 Act.

(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.