Agenda item

To consider the application for the diversion of Public Footpath No. 4 (part) in the Parish of Brereton.

The Committee received a report which detailed an application from Mr and Mrs H McCormick (the applicant) of Barn 2, Dairy House Farm, Brereton requesting the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 4 in the Parish of Brereton.

In accordance with Section 119 of the Highways Act 1980 it was within the Council’s discretion to make an Order if it appeared to the Council to be expedient to do so in the interests of the public or of the owner, lessee or occupier of the land crossed by the path.

The applicant owned part of the land over which the current footpath ran, the remaining part belonging to the owner/occupiers of Barn 1.  The land over which the proposed diversion ran is partly owned by the applicant and partly owned by Mr and Mrs Harris of Dairy House Farm.  Mr and Mrs Harris had written to confirm they had no objections to the diversion of the footpath on their land.  The current line of Footpath No. 4 took the public diagonally across the garden of the applicant’s property and Barn 1.  When purchasing the property it was only in the very late stages that the applicant was made aware that the path entered the property.  The path was inconvenient and affected the applicant’s privacy as they spent time as a family outside and their children played in the area.  The line walked on the ground was not the same as the legal line as the legal line also affected the garden of Barn 1 but the walked line was solely within the garden of the applicant.

The diversion would benefit the landowners as the public would no longer need to walk through their garden.  The proposed diversion was already in place as a permissive route.  The proposed route was similar in length and offered easier access with only one kissing gate rather than two pedestrian gates on the current route.

The Committee noted that no objections had been received to the proposal and considered that the proposed footpath would be more enjoyable than the existing route and that the new route was not substantially less convenient than the existing route.  The proposed route would also benefit the landowners in terms of their privacy.  It was therefore considered that the proposed route would be more satisfactory than the current route and that the legal tests for the making and confirming of a diversion order were satisfied.

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 Brereton, as illustrated on Plan No. HA/012 on the grounds that it is expedient in the interests of the owner of the land crossed by the path.

(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.