Agenda item

To consider the application for the diversion of Public Footpath Nos. 14 and 15 (parts) in the parish of Mobberley

The Committee received a report which detailed an application from Bilton Ward Developments Ltd on behalf of Mr & Mrs W Brown, Gleave House Farm, Pavement Lane, Mobberley, Knutsford (the applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath Nos. 14 and 15 (parts) in the parish of Mobberley.

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 paths and proposed alternative routes ran.  The existing line of Public Footpath No. 14 ran straight through a working farmyard where heavy machinery was regularly used causing health and safety concerns for users.  It also ran in very close proximity to the landowner’s home, creating privacy and security concerns.  The current definitive line was also obstructed by mature hedges and fences and had been unavailable for many years, before the existing landowner purchased the property, and a permissive route had been put in place.

The proposed route for Footpath No. 14 would leave the existing line north of Gleavehouse Farm, running in a south westerly direction across fields to connect with Gleavehouse Lane.  It provided improved open views of the countryside and had a path width of 2 metres. 

The existing line of Public Footpath No. 15 ran in a southerly direction from its junction with footpath No. 14 at Gleavehouse Farm, again through the working farmyard and in close proximity to the landowner’s home, creating privacy and security concerns.

The proposed route for Footpath No. 15 would connect with the proposed diverted route of Footpath No. 14 at Gleavehouse Lane, running along the field boundaries in a south westerly and then south easterly direction to rejoin with the existing line of Footpath No. 15. 

Neither of the proposed routes required any path furniture and therefore offered easily accessible routes for uses, and in addition the landowner had agreed to take on responsibility for the maintenance of the proposed routes, leading to savings for the authority’s maintenance budget.

Since writing the report, an objection had been received from the Peak and Northern Footpaths Society, who had concerns that the proposed routes were longer than the existing routes and muddy in certain areas.  Although the new routes were longer for walkers travelling in a northerly or southerly direction, for walkers travelling in an easterly or westerly direction the distance was considerably reduced due to the link that would be created at the end of Gleavehouse Lane.  Additionally, Cheshire East Council could not confirm any Order before a new route was brought up to an acceptable standard and usable in all seasons.  The Peak and Northern Footpath Society had subsequently withdrawn their objection.

The Committee noted that no objections had been received and considered that the proposed routes were not substantially less convenient that the existing routes.  Diverting the footpaths would be of significant benefit to the landowner in terms of privacy and security and in terms of farm management.  It would resolve the longstanding issue of the obstruction of footpath No. 14 and in addition, the proposal would create a useful link to the end of Gleavehouse Lane which was currently a cul-de-sac.  There would also be an improvement to walkers in terms of safety.  It was therefore considered that the proposed routes would be satisfactory alternatives to the current ones and that the legal tests for 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 Nos. 14 and 15 Mobberley by creating new sections of public footpaths and extinguishing the current paths, as illustrated on Plan No. HA/027, on the grounds that it is expedient in the interests of the owner of the land crossed by the paths.

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.