Agenda item

To consider the application to part of Public Footpath No.29 in the parish of Brereton.

The Committee considered a report which detailed an application from Ms Briggs of Fir Farm, Brereton, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.29 in the parish of Brereton.

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.29 Brereton to be diverted and the proposed diversion would run belonged to the applicant.  The section of footpath ran along a sealed surface private shared drive and then across a storage yard which was used to store large trailers and immobile old machinery as part of a business need.  The definitive line of the footpath was obstructed in the storage yard.  In line with Cheshire East PROW policy if an obstruction was impractical to remove the landowner was required to apply for a diversion rather then remove the obstruction and also provide an alternative route. A permissive route, which followed the boundary of the yard, had been in place for some time and had been accepted as an alternative route by the public.

The landowner had submitted a planning application for a new access road and the proposed new route of the public footpath would run along the southern side of the new access road - Points C-D on Plan No.HA/136, and then along the permissive route from Points D-B. 

The Committee noted the comments made by the Peak and Northern Footpath Society and supported by the Open Spaces Society in relation to the exit point of the footpath being moved to further along a very busy road and the Public Rights of Way Officer’s response. 

The Committee considered that the proposed route would not be substantially less convenient than the existing route.  Diverting the footpath would remove the footpath from the yard and remove the interaction between users and large vehicles. 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.29 in the parish of Brereton by creating a new section of public footpath an extinguishing the current path, as illustrated on Plan No.HA/136, 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.