Agenda item

To consider the application for the diversion of Public Footpath No.2 (part) in the parish of Newhall

The Committee considered a report which detailed an application from Mr & Mrs Hutchins, Newhall Cross House, Wrenbury Road, Aston, Nantwich (the applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert Public Footpath No.2 in the parish of Newhall.

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 the owner, lessee or occupier of the land crossed by the path.

Mr Bernard Cook, representing Mid Cheshire Footpath Society, spoke in objection to the application.

The applicant owned the land over which the current and proposed diversion ran.  The section of Public Footpath No.2 Newhall to be diverted ran in a generally easterly direction across the garden of the property to the west of a hedge what was broken only by the property drive.  The garden to the east of the hedge was landscaped and furnished for use by the owners whereas to the west, it was open mowed grass.  The impact of the layout was that some users misused the open area and others strayed from the definitive line to exit the garden via the drive onto Woodcott Hill Lane.  The relative closeness of the current path to the property of the owner also created privacy and security concerns.

The proposed new route would enter the garden of Newhall Cross House through a gap/gate in the wall off Woodcote Hill Lane to run around the garden boundary in an easterly direction, turning right at a hedge to continue south to rejoin the present line of the path.  The new route would be fenced along the southern and western edges of the footpath leaving a recorded width of 2.5m between the existing fence/hedge and the proposed new fence.

Newhall Parish Council, Peak and Northern Footpath Society, South Cheshire Ramblers and Mid Cheshire Footpath Society had expressed objections regarding the danger of negotiating the bend on Wrenbury Road when walking the section north from the current start point to reach the start point of the proposed new route on Woodcott Hill Lane.

In response to the objection it was stated that the speed limit at this point was 30 mph and the nature of the bend forced drivers to slow down; that no injury accidents had been reported to date along that stretch of road; and that the bend already existed for walkers travelling north from the west end of the existing route.  

The Committee considered that the proposed route was not substantially less convenient than the existing route and that diverting the footpath would be of benefit to the landowner, especially in terms of privacy, security and the need to remove conflict between the landowner and the public over misuse of the garden area traversed by the current route.  It was therefore considered that the proposed route would be a satisfactory alternative to the current one 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.2 Newhall by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No.HA/031 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.