Agenda item

To consider the application to divert part of Public Footpath No. 5 in the Parish of Bosley.

The Committee considered a report which detailed an application requesting the Council to make an Order to divert part of Public Footpath No.5 in the parish of Bosley.

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 Public Footpath No.5 Bosley to be diverted and the proposed diversion ran belonged to the applicant.  Stiles Meadow Farm had been a large commercial farm and had subsequently been sold as individual smallholding properties.  The section to be diverted commenced next to an outbuilding and ran along a tarmacked private driveway and passed directly in front of a residential property.   There had been issues with privacy and security at Stiles Meadow Farm mainly due to the remote location and lack of secure gates.  Livestock was also kept at the applicant’s property and these were at risk when being moved due to the fact that a lockable gate could not be put across the driveway.

The proposed diversion would be to the north of the present path – between Points A-C-B on Plan No.HA/129.  It would have a minimum width of 2 metres and the area would be cleared of the trees and shrubbery that were currently in place. The path would be surfaced with material that was of equal quality to the tarmacked drive.  The proposed diversion would run alongside a farm building where there was currently a large drop on the northern side and to ensure safety of walkers this section would be enclosed with a post and rail fence.

The Committee noted that no objections had been received during the informal consultations and noted the comments reported at the meeting from East Cheshire Ramblers and the response from the Public Rights of Way Officer. The Committee considered that the proposed route would not be substantially less convenient than the existing route. Diverting the footpath would be of benefit to the applicant as it would remove the path from their driveway and improve their 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.5 in the parish of Bosley by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/129, 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.