Issue - meetings

To consider the application for the diversion of Public Footpath No. 13 (part) in the Parish of Wrenbury cum Frith.

The Committee considered a report which detailed an application from Mr P B Hockenhull (the applicant) of Frith Farm, Wrenbury, Nantwich requesting the Council to make an Order under Section 119 of the Highways Act 1980 to divert part of Public Footpath No. 13 in the Parish of Wrenbury cum Frith.

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 lay and the proposed diversion would lie.  The existing line of the Public Footpath No. 13 ran along the rear of a range of traditional buildings which had recently been granted planning permission for four dwellings.  A condition was placed on the planning permission that the applicant apply to divert the footpath under the Highways Act.  The current line of the footpath would run through the gardens of the four dwellings and the proximity of the footpath to the dwellings would lead to loss of privacy and security of future inhabitants.  The current line of the footpath had also been partially obstructed by a slurry pit for a number of years and diverting the route would avoid this obstruction.

The Committee noted that no objections had been received and considered that the proposed footpath would be more enjoyable than the existing route and provide improved views.  Moving the footpath out of the farmyard and the gardens would provide a less intimidating route for users.  The new route was not substantially less convenient than the existing route and would also benefit the landowner and future inhabitants of the four dwellings in terms of security and privacy.  It was therefore considered that the proposed route would be more satisfactory than 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. 13 Wrenbury cum Frith, as illustrated on Plan No. HA/005, 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 in the said Acts.

(3)       in the event of any objections to the Order being received, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.