Issue - meetings

To consider the application for the diversion of Public Footpath No. 1 in the Parish of Peover Superior.

The Committee considered a report which detailed an application from
Mr Leslie Taylor (the applicant) of Twin Oaks Farm, Sandy Lane, Over Peover, Knutsford, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 1 in the Parish of Peover Superior.

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 existing line of Footpath No. 1 crossed a paddock which was used for horses, foals and sheep grazing and in spring it was used for lambs.  The applicant had had frequent problems with walkers and their dogs crossing the paddock and distressing stock.  The application was also made in the interest of privacy and security of the applicant as the proposed route for the eastern end of the path moved it further away from the applicant’s house.  The majority of the proposed route followed the outside of the boundary of the paddock until it rejoined the existing line of the footpath and was presently used as a permissive route.  Moving the footpath would also improve accessibility as two stiles which users currently had to negotiate would be removed.

The Committee noted that no objections had been received and considered that new route was not substantially less convenient than the existing route and would be of benefit to the landowner.  Moving the footpath out of the paddock would prevent walkers and their dogs distressing the stock, improving farm management.  It would also improve accessibility for walkers as it did not require any further path furniture and removed the need for the two stiles which users have to negotiate on the current route.  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:

(1)       thatan 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. 1 Peover Superior as illustrated on Plan No. HA/006 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 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.