Issue - meetings

To consider the application for the diversion of Public Footpath No. 3 (part) in the Parish of Mottram St Andrew.

The Committee considered a report which detailed an application from Mr M Battersby and Miss R Fallows (the applicant) of Lower Gadhole Farm, Greendale Lane, Mottram St Andrew requesting the Council to make an Order under Section 119 of the Highways Act 1980 to divert part of Public Footpath No. 3 in the Parish of Mottram St Andrew.

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 over which the proposed diversion would run.  The current line of Footpath No. 3 ran through a busy stud yard which was used for the breeding and training of young sport horses.  Moving the footpath out of the yard would be of benefit in terms of the farm management and also avoid any conflict or risk of accidents between members of the public and the horses.  Horses in training could be easily disturbed and upset and this had led to the injury of pedestrians in the past.  Diverting the footpath would improve safety for users.

The Committee noted that objections to this proposal had been received but considered that the proposed footpath would be more enjoyable than the existing route as it provided improved views for walkers and a more easily accessible route. Moving the footpath out of the stud yard would benefit the landowner in terms of farm management and privacy and security.  The new route was not substantially less convenient and would provide a less intimidating route for walkers.  It was therefore considered that the proposed footpath 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:

(1)       that 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. 3 Mottram St Andrew, as illustrated on Plan No. HA/007, on the grounds that it is expedient and 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.