Agenda item

To consider the application for diversions of parts of Public Footpaths No.12, 13,  24 and 26 in the parish of Barthomley.

The Committee considered a report which detailed an application from the Duchy of Lancaster requesting the Council to make an Order under Section 119 of the Highways Act 1980 to divert parts of Public Footpaths No.12, 13, 24 and 26 in the parish of Barthomley on the land at Flash House Farm.

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 Committee was informed that since the publication of the report there had been changes to the proposals and the proposal to divert part of Public Footpath No.24 Barthomley between points I and N had been withdrawn.  The revised Plan No.HA/143(2) illustrated the proposed diversions for consideration by the Committee.

The land over which the lengths of Public Footpath Nos. 12, 13, 24 and 26 Barthomley to be diverted and the proposed diversions belonged wholly the applicants.  There was currently a tenant farmer at the property and the proposed diversions had been agreed with them.

The current definitive line of Public Footpath Nos 13 and 12 Barthomley (points A-B-C on Plan No.HA/143(2) – highlighted in red) were left running through the middle of a field after the M6 Side Road Orders was made.  It was proposed that the path be moved to along the field boundary (points A-D), which would allow the landowner to manage the land more efficiently and it would also be more convenient for users due to the length and better alignment.

The section of Public Footpath No.26 Barthomley to be diverted, between points E-F (highlighted in green on Plan No.HA/143(2)) ran along a private driveway for Scotts Green Cottage, then through a gate before crossing a field and then a stream.  It was proposed to move the path away from the drive and to cross the stream at the location of the current footbridge, which had previously been off the definitive line.  The diversion would increase the privacy and security for the residents of Scotts Green Cottage.

The section of Public Footpath No.12 Barthomley to be diverted (shown in blue on Plan No.HA/143(2)) was currently obstructed by two farm buildings and a permissive route was currently in place.  In line with Cheshire East Public Rights of Way Policy, if an obstruction was substantial or impractical to remove the landowner was required to apply for a diversion rather than remove the obstruction and also provide an alternative route.  The proposed diversion would follow the current permissive route.

The section of Public Footpath No.24 Barthomley to be diverted (shown in orange on Plan No.HA/143(2)) was currently obstructed prior to its junction with Public Footpath No.12 Barthomley.  The proposed diversion would follow the permissive route, which was also the route currently walked by most users.  This would improve land management and also ensure that the footpath were not obstructed by long term, substantial obstructions.

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

The Committee considered that the proposed routes would not be substantially less convenient than the existing routes.  Diverting the footpaths would be in the interests of the applicant as it would allow better land management and privacy and security of the properties.  It was considered that the proposed routes would be satisfactory alternatives to the current ones 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 parts of Public Footpath Nos. 12, 13, 24 and 26 in the Parish of Barthomley by creating new sections of Public Footpath and extinguishing the current paths, as illustrated on Plan No.HA/143(2), 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.