Agenda item

To consider the application for the diversion of Public Footpath Nos. 33 and 34 (part) in the parish of Gawsworth and the application for the extinguishment of Public Footpath No. 41 in the parish of Sutton

The Committee received a report which detailed a proposal by the Public Rights of Way Team to resolve long standing problems with Public Footpaths Nos. 33 and 34 in the parish of Gawsworth by diverting parts of them, which would lead to the extinguishment the cul-de-sac path Public Footpath No. 41 in the parish of Sutton.

In accordance with Section 119(1) 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.

In accordance with Section 118 of the Highways Act 1980 it was within the Council’s discretion to make an Extinguishment Order if it appeared to the Council that it was expedient that the path or way should be stopped up on the grounds that it was not needed for public use.

The first section of Public Footpath No. 33 Gawsworth to be diverted commenced at its junction with Footpath No. 32 Gawsworth.  The legal line of the path ran past the farm buildings at Rough Hey Farm and then ran along the eastern side of a canal feeder.  As it progressed along the canal feeder, the route became steeper and narrower until eventually there was no discernable means of accesson the east side of the feeder.  Walkers tended to use the western side of the watercourse at this point as there was a track.

The second section of Public Footpath No. 33 Gawsworth to be diverted was located at the junctions with Public Footpath 34 Gawsworth and No. 41 Sutton.  Here the definitive line crossed a weir via a precarious and narrow platform onto the weir bridge itself via a lifting handlebar.  The definitive route then followed the narrow and uneven northern bank of the watercourse, before crossing sharply southwards and taking a straight line up a very steep, wooded bank. 

The Public Rights of Way Team had secured the agreement of the landowners who owned the land over which the current and proposed alternative routes ran. 

The proposed new route for Footpath No. 33 would follow an existing track to the west of the canal feeder for the majority of its length, which was already the preferred route for many walkers.  It would be barrier-free except for a kissing gate to be installed beside a field gate, which would replace a stile. 

The proposed new route for Footpath No. 34 would cross a new footbridge rather than utilising the weir and then take a line on a more level southern side of the water course.  It would then tack up the slope in a gentler gradient.  This route would be subject to works to level it and shore it up where needed. 

The proposed diversion would leave the already cul-de-sac Footpath No. 41 Sutton with no connecting highway at its southern end and it was proposed that this footpath be extinguished on the grounds that it would not be needed for public use.  The path served no purpose at present, crossed steep terrain and there was no realistic possibility of connecting it with another highway.  The path was accessed by the precarious weir crossing on Footpath No. 33 and it was desirable that this be disposed of as part of the proposals.

The Committee noted that no objections had been received to the diversion of Public Footpath Nos. 33 and 34 Gawsworth.  However, the Cheshire East Group of the Ramblers’ Association had objected to the extinguishment of Public Footpath No. 41 Sutton on the grounds that it could be used as a cul-de-sac path if it were cleared and signed, and that there was always the possibility of some connection in the future, which would be lost if the path were extinguished.  The Peak and Northern Footpath Society had indicated that they reserve the right to object to the extinguishment order.

The Committee considered that the proposed diversions of Public Footpath No. 33 and 34 would be more enjoyable than the existing routes which were difficult to use by nature of the terrain.  The new routes were not substantially less convenient than the existing routes and diverting the footpaths would be of benefit to the landowners, in terms of current and future use of the land, and of the public, in terms of accessibility.  It was therefore considered that the proposed routes would be as satisfactory as the current routes and that the legal tests for the making and confirming of a diversion order were satisfied.

The Committee considered that Public Footpath No. 41 Sutton was not needed for public use as there would be no connecting footpath at its southern end.  The path served no purpose at present and there was no realistic possibility of connecting it with another highway.  It was considered that the legal tests for making and confirming of the extinguishment order were satisfied.

RESOLVED:

1                   An Order be made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, to divert parts of Public Footpaths No. 33 and 34 Gawsworth, as illustrated on Plan No. HA/021, on the grounds that it is expedient in the interests of the owners of the land crossed by the path and of the public.

2                   An Order be made under Section 118 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, to extinguish Public Footpath No. 41 Sutton, as illustrated on Plan No. HA/021, on the grounds that it is not needed for public use.

3                   Public notice of the making of the Orders be given and in the event of there being no objections to the Orders within the period specified, the Orders be confirmed in the exercise of powers conferred on the Council by the said Acts.

4                   In the event of objections to the Orders being received, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.