Agenda item

To consider the application to divert parts of Public Footpath No.13 in the parish of Moston and part of Public Footpath No.8 in the parish of Warmingham

Correction to the Report – the application related to Public Footpath No.9 (part) in the parish of Warmingham, and not Public Footpath No.8 as stated in parts of the Report.

The Committee considered a report which detailed an application from Mr D Hancock of Brook Farm, Clay Lane, Moston, Sandbach requesting the Council to make an Order to divert part of Public Footpath No.13 in the parish of Moston.

Further along this Footpath two short sections had been walked for a considerable period of time on a different alignment to the definitive alignment so the Council proposed to divert these sections, which composed of parts of Public Footpath No.13 Moston and Public Footpath No.9 Warmingham, such that they align along the walked route. 

In accordance with Section 119(1) of the Highway Acts 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.

An area of land within a field over which ran part of Public Footpath No.13 Moston currently suffered seasonal flooding.  It was proposed to divert the footpath to run in a different direction across a drier area within the field to assure its availability for users during wetter weather, as shown A-C on Plan No.HA/111.   The Applicant owned the land over which ran the current route and the proposed new route.

The two path sections proposed to be diverted by the Council would follow the route currently being walked on the ground.  The first section of Public Footpath No.13 to be diverted, Points D-E, was owned by Mr A Whittaker who had given written consent to the diversion.  The proposed route started at Point D and followed the hedge boundary, instead of twice crossing it,  to Point E. It would however cross a field boundary en-route at Point F.

The second proposed diversion (Points G-J-I) composed of short sections of Public Footpath No.9 Warmingham and Public Footpath No.13 Moston.  Mr JR Derbyshire owned the land over which the part of Public Footpath No.9 Warmingham ran and had given written consent for the diversion. 

The Committee noted that the National Grid had placed a holding objection pending further information about any work on the new diversion routes.  No work would be required in the vicinity of their apparatus and so the objection had been withdrawn.

The Committee considered that the proposed routes would be an improvement to the existing routes.  Diverting the footpaths would be of benefit to the landowner and public to assure availability during wetter weather and move the alignment onto the currently walked route.  It was considered that the proposed routes would provide a more satisfactory alternative to the current route and that the legal tests for the making and confirming of a Diversion Order were satisfied.

The Committee unanimously

RESOLVED: That

1        an Order is made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, to divert parts of Public Footpath No.13 parish of Moston and part of Public Footpath No.9 Parish of Warmingham, by creating new sections of each public footpath and extinguishing the current sections, as illustrated on Plan No.HA/111 on the grounds that it is expedient in the interests of the owners of the land crossed by the paths and the public.

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.