Agenda item

To consider the application for the diversion of Public Footpath No.14 (part) in the parish of Wildboarclough

The Committee received a report which detailed an application from Mr and Mrs J Pollard, Goosetree Farm, Wildboarclough, Macclesfield (the applicant), requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.14 in the parish of Wildboarclough.

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 applicant owned the land over which the current path and the proposed diversion ran.  The section of Public Footpath No.14 Wildboarclough to be diverted ran through the property of the landowner giving rise to concerns relating to security and safety.  The proposed diversion route would take path users away from Goosetree Farm along a more direct route that was already available as a permissive path. 

Starting a point A on Plan No.HA/039, the proposed new route would enter a field via a kissing gate and continue across the field in a south easterly direction close to the western field boundary to terminate at point D.  The new route would have a recorded width of 2m and would not be enclosed on either side.  The route was already used by walkers as a permissive path and afforded pleasant, open views of the countryside.  The applicant would carry out surfacing improvements on the route by installing steps where necessary, building up the surface with stone where it was soft, and by removing some of the large stones in the surface of the route.

The Committee noted that no objections had been received to the proposals 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 security and privacy of 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 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.14 Wildboarclough by creating a new section of public footpath and extinguishing the current path as illustrated on Plan No. HA/039 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, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.