Issue - meetings

To consider the application to extinguish Public Footpath No. 17 (part) in Sandbach.

The Committee considered a report which detailed the proposal for extinguishing part of Public Footpath No. 17 in the Parish of Sandbach.

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.

Part of Public Footpath No. 17 in Sandbach ran across the gardens and dwellings of four properties in Laurel Close, which were constructed in the 1980s.  The situation had been brought to light by a recent search on No. 4 Laurel Close which had caused concern to the potential purchaser.  A thorough search of available documentation has shown that the path was not diverted or extinguished at the time of the development.  On an adjacent development a further section of the same path was legally diverted onto the highway network.  In order to regularise the situation and prevent further problems arising at the point of sale, Cheshire East Council was applying for an extinguishment order for this part of Footpath No. 17.

The Committee noted that no objections had been received and considered that Public Footpath No. 17 (part) was not needed for public use as an alternative route was available via the adopted footway between Laurel Close and the continuation of Footpath 17 and connecting Footpath No. 18.  It was in the interests of the owners of properties nos. 2 to 8 Laurel Close affected by the right of way that it was legally extinguished to avoid the difficulties experienced when a house sale was in prospect.

RESOLVED:  That

(1)       an Order be made under section 118 of the Highways Act 1980 to extinguish part of public footpath no.17 Sandbach, as illustrated on Plan No. HA/262/FP17/011, on the grounds that it is 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 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.