Agenda item

To consider the application to divert part of Public Footpath No.21 in the parish of Lower Withington

The Committee considered a report which detailed an application from Mr Anthony Cotter (agent) of Midas Investment Management Ltd, Basement Office, 21 Brompton Square, London, SW3 2AD on behalf of Mr Mark Sheppard whose family owned Mallerstang, Congleton Lane, Chelford, Cheshire requesting the Council to make an Order to divert part of Public Footpath No.21 in the parish of Lower Withington.

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 current path and the proposed diversion ran belonged to the Applicant’s family.  Virtually the entire length of Public Footpath No.21 was to be diverted - points A-B-C on Plan NO. HA/100, with the exception of a stretch running over the pedestrian footbridge and on to the Parish Boundary.  This section of the path ran through arable fields in close proximity to the applicant’s property and diverting it would provide improved privacy and security for the applicant by taking users further away from their property. 

The proposed new route would follow a generally south, south easterly direction from the bridge over the stream towards Mill Lane (points C-D-E-F-G on Plan No.HA/100). The new route would follow a woodland path skirting a pond en route and then ascending to a more grassed surface along the edge of a field.  It would follow this for a short section before descending to cross an 8m timber footbridge over a boggy area past a second pond.  It would then ascend once more to reach the boundary fence between the woodland and adjacent field to the west and would run along this fence line within the woodland. On reaching 5 ‘earth and timber’ steps, it would descend to Mill Lane where it would terminate.

Although not currently certified as meeting Council standards, the new proposed route had been installed on the ground by the applicant and was currently private, although by permission could be used by the public.  The landowner had agreed to provide a sum of money to provide for the future increased maintenance liability of the path due to the increased length and structures present. 

It was recognised that this new route was much longer than the current path section to be diverted.  However looking at the wider path network, the new route would provide users with an alternative to having to use Congleton Lane to reach Lower Withington Bridleway No.8 and Lower Withington Public Footpath No.22 and would be of a similar distance.

The Committee noted that no objections had been received during the informal consultations and considered that the proposed route would not be substantially less convenient than the existing routes.  Diverting the path would provide a ‘barrier free’ route and would be more enjoyable as it passed thorough natural woodland which was more scenic than the current route through fields.  It would also provide a link to the wider path network.  The diversion would afford improved privacy and security for the applicant.  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.21 Lower Withington by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/100, on the grounds 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.