Agenda item

To consider the application for the diversion of Public Footpath No. 13 Spurstow (part) and No. 5 Brindley (part)

The Committee received a report which detailed an application from Thorn Construction Project Management on behalf of their client High Ash Farm Ltd (the applicant) requesting the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 13 in the parish of Spurstow and part of Public Footpath No. 5 in the parish of Brindley.

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 public or of the owners, lessee or occupier of the land crossed by the paths.

The applicant owned the land over which the current path and the proposed alternative ran.  The existing Public Footpath No. 13 Spurstow started at a point north west of High Ash Farm and ran in a generally south-easterly direction across pasture.  At the parish boundary the path became Public Footpath No. 5 Brindley, and then passed through High Ash Farm where it was obstructed by a slurry lagoon and farm buildings. 

The proposed new route began at the same point and takes a south-easterly line across pasture fields to join Footpath No. 13 Brindley.  The path would have a natural/grass surface with a width of 2m and would be furnished with kissing gates at the three field boundaries it crossed. 

The long standing obstruction to the existing route was inherited by the applicant when they purchased the property recently.  The applicant had planning permission to develop the farm into a high intensity dairy facility and was keen to resolve the obstruction of the footpath as the same time as implementing their planning permission.  The proposed new route for the footpath therefore took an alignment that would keep the public well clear of the development, which resolved the obstruction issue and yet still maintained a direct route to Footpath No. 13 Brindley.

The Committee noted that no objections had been received and considered that the proposed footpath would be as enjoyable as the existing route.  The new route was not substantially less convenient than the existing route and diverting the footpath would be of benefit to the landowners, in terms of current and future land use, and of the public, in terms of accessibility.  They therefore considered that the proposed route would be as satisfactory as the current route and that the legal tests for the making and confirming of a diversion 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 part of Public Footpath No. 13 in the parish of Spurstow and part of Public Footpath No. 5 in the parish of Brindley, as illustrated on Plan No. HA/022, on the grounds that it is expedient in the interest 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 to the Order 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.