Agenda item

To consider the application to divert part of public footpath No. 12 in the Parish of Bunbury.

The Committee considered a report which detailed an application requesting the Council to make an Order to divert part of Public Footpath No. 12 in the parish of Bunbury.

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 the applicant. It was proposed that approximately 48 metres of public footpath than ran through the middle of the applicant‘s garden be diverted closer to the property’s boundary – as shown on Plan No.HA/127.  The path was to be separated from the garden area by a planted hedge.  The path would have a recorded width of 2.5 metres and would run through an open area of approximately 15.5 metres and its widest point and 4.5 metres at its narrowest point.

The diversion would be in the interests of the landowner as it would divert walkers way from the middle of the garden and the improve privacy and security of the property.

Responses to the informal consultation had been received from the Open Spaces Society on the height of the proposed hedge and the Mid Cheshire Footpath Society had opposed the diversion on the grounds that it was longer, more confusing and added nothing to the walk or for the householder.  Bunbury Parish Council had objected to the diversion on the basis that it was not in the garden, that the land had never been a garden and that it was a field and had always been a field. The applicant had confirmed that the land was formally classified as a garden/amenity land and not a field in a planning decision notice under section 191 TCPA.

The Committee noted the responses to the informal consultation and the Public Rights of Way Officers responses.  The Committee considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would preserve the landowner’s privacy and security.  It was considered that the proposed route would be a satisfactory alternative to the current one 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.12 in the parish of Bunbury by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan Number HA/127, on the grounds that it is expedient in the interests of the owners of the land crossed by the right of way.

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 being received, Cheshire East Borough Council be responsible for the conduct of any hearing or Public Inquiry.

Prior to consideration of the remaining items, the meeting adjourned for 5 minutes.