Agenda item

To consider the application for the diversion of Public Footpath No.20 (part) in the parish of Dodcott cum Wilkesley

The Committee received a report which detailed an application from Mr & Mrs Jackson, Lilac Cottage, Whitchurch Road, Audlem (the applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.20 in the parish of Dodcott cum Wilkesley.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order it if 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 ran.  The proposed path ran over land owned by Mr Bailey, who had given his signed agreement to the diversion. 

The section of Public Footpath No. 20 Dodcott cum Wilkesley to be diverted was a very short section of about 22 metres length that currently ran through the garden of Lilac Cottage between the house and an outbuilding in close proximity to the rear entrance to the house.  This section of footpath had been unavailable for many years and an unofficial diversion existed which avoided the property.  This seemed to have been used by the public as no complaints about the path being obstructed had been received in the past decade.  Lilac Cottage was currently on the housing market and a recent search revealed the existence of the footpath. A sale had fallen through as the buyer’s mortgage company would not proceed with the footpath affecting the property.  This had caused significant concern to the landowner and in order to ensure that a future sale would not be similarly undermined, the diversion was being sought.  The diversion would also be in the interests of the privacy and security of any future occupier.

The proposed new route would follow the boundary fence from the west around the south of the Lilac Cottage continuing in the pasture field it currently ran through and rejoining the current alignment to the east of the property.  The path would have a recorded width of 2 metres throughout and was approximately 7 metres longer than the current route but with no requirement for gates or other path furniture.

The Committee noted that no objections had been received to the proposal and considered that the new route would not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to the landowner, particularly in terms of privacy and security and for the purposes of selling the property.   It was therefore considered that the proposed route would be a satisfactory alternative to the current one 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 No.20 Dodcott cum Wilkesley by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No.HA/033 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.