Issue - meetings

To consider the application for the diversion of Public Footpath No. 20 (part) in the Parish of Sutton.

The Committee considered a report which detailed an application from Mr and Mrs Egerton (the applicant) of Hartsgrove Cottage, Sutton, Macclesfield, requesting the Council to make an order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 20 in the Parish of Sutton.

In accordance with Section 119 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 of the owner, lessee or occupier of the land crossed by the path.

The applicant owned the land over which the current path ran and the majority of the land over which the proposed diversion would run.  A small section of the proposed route at the easternmost end of the proposed route ran in the adjacent landowner’s field and written consent had been provided.  The current line of the footpath took walkers in very close proximity to the applicant’s home and immediately past the windows of the property.  The footpath formed part of the Gritstone Trail, which was a well used route.  The proposed diversion was already in use as a permissive route. 

It was noted that no objections had been received for the proposal. The Committee considered that the proposed route would be more enjoyable than the existing route with improved views.  Moving the footpath out of the applicant’s garden and away from their home provided a less intimidating route for users.  The proposed route would also benefit the applicant in terms of security and privacy. It was therefore considered that the proposed route would be more satisfactory than the current route and the legal tests for making and confirming 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. 20 Sutton, as illustrated on Plan No. HA/284/FP20/003, 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 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.