Agenda item

To consider the application to divert part of Public Footpath No. 12 in the parish of Adlington.

The Committee considered a report which detailed an application from Mr and Mrs Wildblood of Lower Pedley Hill Farm, Aldlington requesting the Council to make an Order to divert part of Public Footpath No.12 in the parish of Adlington.

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 legal definitive line of Public Footpath No.12 Adlington had been partially obstructed and offline for decades.  When the current owners purchased the property they had opened up the definitive line and requested to be placed on the diversions application waiting list. The section of footpath to be diverted ran in very close proximity to the applicants home.  In addition, it was at an elevated level close to two bedroom windows, facilitating a clear view directly into the house.  There was a stile and seven steps for users to negotiate up a short steep slope with a gradient of 1:3.  The path ran beneath a low established tree and bush canopy which afforded little natural day light for walkers. 

The proposed diversion would follow the field boundary directly to the east of the property and re-join the existing line of the footpath at the northern end of the field.  Written permission had been obtained from the adjacent landowner.  The footpath would leave Pedley Hill 20 metres to the east of the current route at a slightly wider section of the road, which would provide improved visibility for walkers, drivers and horse riders using the road.  A kissing gate would be installed as the path left Pedley Hill, with one step between the road and gate.  There was then a short slope with a gradient of 1:4, which would provide a slightly easier walking route. The proposal was in the interests of the applicant as it would improve their privacy and security of their property.

The Committee noted that no objections had been received during the informal consultation.  The Committee considered that the proposed route would not be substantially less convenient that the existing route.  Diverting the footpath would be of the benefit to the applicant as it would move the footpath away from the applicant’s home, improving privacy and security and also provide a safer and more accessible exit onto Pedley Hill for walkers.  It was considered that the proposed route would be a satisfactory alternative to the current one 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.12 in the parish of Adlington by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan  No.HA/125, on the grounds that it is expedient in the interests of the landowners.

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.