Agenda item

To consider the application to divert part of Public Footpath No.4 in the parish of Poole.

The Committee considered a report which detailed an application by Mr and Mrs Oglesby of Poole Hall, Nantwich, requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.4 in the parish of Poole.

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 length of Public Footpath No.4 Poole to be diverted and the proposed diversion belonged wholly to the applicants.  The proposed section of the footpath to be diverted crossed a field that was used as beef cattle grazing.  The applicants were finding that users of the footpath did not like walking through a field of cattle and tended to walk up the private driveway, close to the front of the house and onwards along an estate track.  The applicants had installed clear signage of the footpath route and had challenged users multiple times but still found it happened.

The proposed diversion would move the footpath along the field edge, as shown between Points A-C-B on Plan No.HA.139. It was proposed that the full length of the diversion would be enclosed with Cheshire railings and have a width of 2.5 metres.  By enclosing the route it would eliminate any interaction between the cattle and users in the field and hopefully reduce any trespassing on the applicant’s land.  The proposed diversion route from Points C-B would take users along the tops of the valley bank and give improved views of the listed bridge and the countryside. 

The Committee noted the comments made by the Peak and Northern Footpath Society and the Open Spaces Society and the Public Rights of Way Officer’s response.

The Committee considered that the proposed route would not be substantially less convenient that the existing route.  Diverting the footpath would be in the interest of the applicants as it would allow better land management and privacy and security of their property.  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.4 in the Parish of Poole by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No.HA/139, 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.