Agenda item

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

The Committee received a report which detailed an application from Mr AM Harle, Hunters Pool Farm, Mottram St Andrew, Macclesfield (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 Mottram St Andrew.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make the 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.

The applicant owned the land over which the current path and the proposed diversion ran.  The path to be diverted ran through the property of the landowner giving rise to concerns relating to security and safety.  The landowner also had planning permission to convert some of the outbuildings into holiday apartments, adding to the need for increased privacy and security to the property. 

The proposed new route, shown as A-B-C-D on Plan HA/030, would pass through a kissing gate at point A and continue along a level surfaced path though rough ground to point B where it would climb a slope to a pedestrian gate at point C.  From point C, the remaining route would cross open pasture land to terminate at point D.  The new route would have a recorded width of 2m and would not be enclosed on either side.  The new route would be significantly more enjoyable as it would pass through more open and scenic landscape and would also provide a more direct link to Mottram St Andrew Footpath No. 22.

Concerns had been expressed regarding the effect of traffic noise on the enjoyment of the new route between points C-D by the Ramblers Association, Alderley Edge Footpath Society and the Peak and Northern Footpath Society. These concerns had been allayed after a site visit had allowed representatives of these organisations to see that this section of the path would provide good views and would take the path where it would naturally follow the dip in the land to and from point C.  Diverting the path D-C by any other route would involve taking the users across land of steeper gradient.

The Committee noted that no further 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 considerable benefit to the landowner in terms of enhancing the security and privacy of the property. It was 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 Public Footpath No. 2 Mottram St Andrew by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No.HA/030 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.