Agenda item

To consider the application to divert part of Public Footpath No.13 in the parish of Over Alderley

The Committee considered a report which detailed an application from Mr and Mrs K Oakes of Haymans House, Hocker Lane, Over Alderley requesting the Council make an Order to divert part of Public Footpath No.13 in the parish of Over Alderley.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order to divert a public footpath 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 section of the current path to be diverted and the proposed diversion ran belonged to Mr and Mrs Oakes. The first part of Public Footpath No.13 Over Alderley to be diverted ran along the drive to the property of the applicants, which was a semi-surfaced track (points A – B on Plan No. HA/099).  The proposed new route for this section was to the left of the current route, alongside the access track on the field side.  This part of the diversion was in the landowner’s interest as would allow them to improve their privacy and security.

The proposed new route was currently used by the public as a footpath, and according to the public rights of way records this section of Public Footpath No.13 had been maintained in an offline position by the previous authority, Cheshire County Council.  Discussions had been held with the landowners in 2007/08, when they were informed that the correct alignment, according to the Definitive Map, was along the access track.  They had concerns in relation to privacy and security if the route was realigned and as long as they could remember the route had always been in the field, along the field edge.  They therefore agreed to apply for a diversion order.  It had only recently come to light that even though works were carried out by Cheshire County Council to install new path furniture, the legal order diverting the route had not been made.  The new route would have a width of 2 metres, except for one point where it was restricted to 1.3 metres between the fence and a tree.  The route would not be enclosed and the three kissing gates would remain in situ.

The second part of Public Footpath No.13 to be diverted was around a quarry area (points C-D-E on Plan No.HA/099)  It was proposed to divert this section in the interests of the public, as the definitive line of the footpath was within the boundaries of the quarry and at some point had been quarried away.  To make this route available would be a danger to the public, due to the proximity of the path to the quarry.  The proposed diversion was currently used by walkers and was 2 metres wide with a grassed surface. 

The Committee noted that no objections had been received during the informal consultations and considered that the proposed routes would not be substantially less convenient than the existing routes.  Diverting the two parts of the footpath would provide improved privacy and security for the landowner and be safer for the public by keeping them away from the quarry area.  It was therefore considered that the proposed routes would be a satisfactory alternative to the current routes 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.13 by creating a new section of public footpath and extinguishing the current paths, as illustrated on Plan No.HA/099 on the grounds that it is expedient in the interests of the public and 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.