Agenda item

To consider the application to divert Public Footpath No. 56 in the parish of Bollington

Councillor J Wray arrived at the meeting during consideration of this item and did not take part in the debate or vote.

The Committee considered a report which detailed an application from Mrs A Theobald of 2 Berristall Rise, Bollington, Macclesfield requesting the Council to make an Order to divert Public Footpath No.56 in the parish of Bollington.

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 part of the current path and part of the proposed diversion ran was owned by the Applicant.  The remaining parcels of land over which the path ran were separately owned by Mr Kershaw of 3 Berristall Road and Mrs Gray of 1 Berristall Rise. Both of whom had given written agreement to the proposed diversion. 

The present line of Public Footpath No.56 Bollington ran through the garden of No.3 Berristall Rise before crossing the unadopted road, Berristall Rise,  and then passing through the garden of No.2 Berristall Rise before exiting into a pasture field.

The proposed new route would follow the unadopted road and then along the perimeters of the Applicant’s garden to rejoin the current line of the path.  The new route would be 2 metres wide throughout and would have surfaces of tarmac and grass.  The diversion would eliminate the unintentional use of the owners domestic steps to their house and the driveway leading to them.

The Committee noted the comments made by Bollington Town Council, Peak and Northern Footpath Society and East Cheshire Ramblers requesting adequate signage to ensure users were clear about where to walk. 

The Committee noted that no objections had been received during the informal consultation 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 improving privacy and security to their property.  It was considered that the proposed route would be a satisfactory alternative to the current one and that the legal tests for 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 Public Footpath No.56 Bollington by creating a new public footpath and extinguishing the current path, as illustrated on Plan No.HA/112, 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 being received, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.