Agenda item

To consider the application for the diversion of Public Footpath No. 3 and 4 (Parts) in the Parish of Wincle and the creation of Public Footpath No. 41 in the Parish of Wincle.

The Committee received a report which detailed an application from Mr Simon Holding (the applicant) of Buttlerland Farm, Wincle, Macclesfield requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpaths No. 3 and No. 4 in the parish of Wincle.

In accordance with Section 119(1) 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 the land over which the current paths and the proposed alternative routes ran.  The first section of the current line of Footpath No. 3 to be diverted ran immediately past the applicant’s back door and kitchen windows, which created a significant loss of privacy and caused security issues for the applicant.  Moving this section of the footpath would allow the applicant to improve the privacy and security of his property considerably.  The second section of Footpath No. 3 to be diverted cut across the corner of a field and was undesirable in terms of farm management. 

The current line of Footpath No. 4 ran along the driveway to the applicants home and then through a very busy working farmyard which was used by heavy farm machinery, tractors and livestock. This created privacy and security issues for the applicant and the various plan and machinery operated in and around the farm buildings could be hazardous for walkers.  Diverting this section of Footpath No. 4 would allow the applicant to improve the privacy and security of his property, improve farm management and provide a safety benefit to users.

If the diversion orders for Footpath Nos. 3 and 4 were confirmed, the applicant had agreed to dedicate an additional footpath on his land, which would a useful link to Public Footpath No. 2 Wincle (Minn End Lane) for walkers.

Under section 25 of the Highways Act 1980 a local authority may enter into an agreement with any person having the capacity to dedicate a public foothpath or bridleway.

The Committee noted that there were no objections to the proposals and considered that the proposed footpaths would be more enjoyable that the existing routes and the proposed dedication of a footpath would offer advantages to users, providing a useful link to Minn End Lane.  The new routes were not substantially less convenient than the existing routes and diverting the footpaths would be of huge benefit to the landowners, particularly in terms of security and privacy and also in terms of farm management.  It was therefore considered that the proposed routes would be beneficial than the current routes and the legal tests for the making and confirming of a diversion order were satisfied.

RESOLVED:

1          That 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 Footpaths No. 3 and No. 4 Wincle, as illustrated on Plan No. HA/013, on the grounds that it is expedient in the interests of the owner of the land crossed by the path.

2          A creation agreement be entered into with the applicant under Section 25 of the Highways Act 1980 to create a new public footpath (No. 41) as illustrated on Plan No. HA/013 between points I-J.

3          Public Notice of the making of the Order be given and in the event of there being no objections to the Order within the period specified, the Order be confirmed in the exercise of the powers conferred on the Council by the said Acts.  There is no statutory objection process for the creation agreement.

4          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.