Agenda item

To consider the application to divert part of Public Footpath No.53 in the parish of Alderley Edge

The Committee considered a report which detailed an application from Mr and Mrs P Gouge (the Applicant) of Bracken Hill, Mottram Road, Alderley Edge, Cheshire, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.53 in the parish of Alderley Edge.

In accordance with Section 119(1) 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.

The land over which the current path and the proposed diversion ran was owned by the Applicant.  The section of the path to be diverted took users up a steep and narrow access drive, which leads to the Applicant’s property and grounds.  Users left the drive just before entering the grounds as the path passed through a gap to follow the property boundary.  The use of the drive and the closeness of the woodland path to the property had given rise to concerns about privacy and security.  Furthermore, there were safety concerns about the users and vehicles on the narrow access drive.

The Applicant had planning permission to develop a natural garden within the field (area bounded by points A-B-C-F-E-D-A on Plan HA/094) and it was the intention in future to apply for change of use of this land to allow a more landscaped private garden.  Therefore the proposed diversion had been aligned to skirt the boundary of this development area (points D-E-F-C) so that users would not be required to pass through it from point D to point C. 

It was proposed that the new route would be enclosed to a width of 2.5 metres and a stoned surface provided within this width.  A pedestrian gate would be installed at point D to protect users at the junction with Mottram Road. 

The Committee noted that following discussions and negotiations between the landowner and user group representatives during the information consultations, no objections had been received to the proposals before the Committee and considered that the proposed route would not be substantially less convenient that the existing route.  Diverting the footpath would eliminate the need for users to negotiate vehicles on the steep narrow access drive and would allow users to pass through the property without the need to pass through private grounds and the curtelidge of the proposed garden thus allowing greater privacy and security for the Applicant.  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.

The Committee unanimously

RESOLVED: That

(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.53 Alderley Edge by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/094, on the grounds that it is expedient in the interests of the owners 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.