Agenda item

To consider the application for the diversion of Public Footpath No.25 (part) in the parish of Kettleshulme

The Committee received a report which detailed an application from Mr D Ketley, Dungle Farm (the applicant) requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.25 in the parish of Kettleshulme.

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

The alignment of Footpath No.25 Kettleshulme (part) had been the subject of previous investigations by Cheshire County Council in the early 1990’s who considered that the original recording of this section of the path was probably an anomaly and that a Definitive Map Modification Order might be necessary to rectify the situation.  In the meantime a permissive path was put on the ground that has been used by the public.  The legal alignment had never been solved, hence the application by Mr Ketley.

The applicant owned the land over which the current path and the proposed path ran.  The section of Public Footpath No.25 Kettleshulme to be diverted ran across steeply sloping terrain close to the rear of Dunge Farm and at the height of the first story window. This raised serious concerns with regards to privacy and security for the landowner and provided a very steep surface for walkers that was difficult to negotiate and liable to slippage. 

Following investigation by Cheshire County Council and in lieu of a modification order being made, the landowner with the Council’s agreement signed a permissive route which ran to the west and front of the farm and this route was now proposed as the diversion.  It followed the driveway to the property for a short distance then crossed an open yard leading onto a grassed/stoned track that skirted the immediate property boundary and offered an attractive aspect over a small valley of rhododendron bushes.  This was part of the Dunge Valley Gardens which were open to the public during the summer season.  There was a small sleeper footbridge on the route over Hodgel Brook and kissing gates would be installed at two points where there were currently stiles. 

The Committee noted that no objections had been received to the proposals and considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to the landowner in terms of privacy and security and to the public in terms of accessibility and convenience.  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          That 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.25 Kettleshulme by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No.HA/035 on the grounds that it is expedient in the interests of the owner of the land crossed by the path and the public.

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.