Agenda item

To consider the application to divert part of Public Footpath No.10 in the parish of Alsager.

The Committee considered a report which detailed an application requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.10 in the parish of Alsager.

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.

Sally Young spoke in objection to the application and stated she had concerns about the proposed width of the footpath and route it was to take and its effect on the enjoyment of the public open space.  She was concerned that the 2 metre width of the path would encourage motorised use and this would lead to accidents with path users.  Work had been carried out on the banks of the brook where the new houses had been built and she asked why this could not be done on this section to allow retention of the present line of the path.

The proposed section of Public Footpath No.10 Alsager to be diverted commenced at a junction with the footway extending from the houses to the rear of Swettenham Close and ran in a generally south westerly direction where it connected with an un-adopted section of Hall Drive before continuing southwards towards Public Footpath No.8 Alsager.  At present that section of footpath extended within very close proximity to the Valley Brook, it was narrow with a mud, and in some places, a compacted stone surface.

The diversion was proposed in the interests of the public because the legal line of the footpath had been cut across by the meanders of Valley Brook in places and in other stretches ran very close to the banks of the brook.  The proposed diversion would move the path approximately 5-6 metres away from the banks of the brook, which would enable the protection of the public footpath from further erosion.  The new route would be 2 metres wide and have a recycled self-binding aggregate surface.

The Committee noted the suggestion received from Ansa, who manage the Public Open Space through which the Public Footpath ran, that the walked line of the footpath be ‘made good’ following the diversion of the path and that a quote had been obtained for the work, which would be funded from s106 developer contributions.

The Committee considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would enable investment in the surface of the Footpath to make it more accessible.  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.10 in the parish of Alsager by creating a new section of Public Footpath and extinguishing the current path, as illustrated on Plan No.HA/126 on the grounds that it is expedient in the interests of 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 be 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.