Agenda item

To consider the application for the diversion of Public Footpath No. 46 (part) in the parish of Congleton. 

The Committee received a report which detailed an application from Mr James Morton (applicant) of Pool Bank Mill, Weathercock Lane, Timbersbrook, Congleton requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No. 46 in the parish of Congleton.

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 part of the land over which the current route and proposed route ran and was in the process of purchasing the land in front of Pool Mill Bank from Messrs P and B Dean (adjacent landowners) to construct a new driveway for access to his property.  The adjacent landowners have provided written consent and support for the proposal.  Mr G Robinson owned the field to the south west of Timbers Brook over which part of the current path lay and he had provided written consent and support for the proposal. 

The footpath formed part of the Gritstone Trail and was a well used route. The existing line of the footpath ran directly in front of the applicant’s home and immediately past the windows of the property.  It also ran in very close proximity to the two adjacent landowners’ properties, Pool Bank Cottage and Pool Bank House.  

The proposed route also crossed Mr Robinson’s field.  This section of the diversion was also in the interests of the landowner, as moving the footpath south of the current line of the route would take users away from the reservoir area where Mr Robinson had encountered problems with people damaging fencing as they attempted to enter the area.  It would also provide an improved surface for users as the land over which the proposed route would run in this field was much drier and less boggy than the current route. 

The Committee noted that no objections had been received and considered that the new route was not substantially less convenient than the existing route and would be of benefit to the landowners.  Moving the footpath away from the applicant and adjacent landowners’ properties would allow them to improve their privacy and security considerably. The section of the diversion in the field, between the two kissing gates, was also in the interests of the landowner as moving the footpath would improve the security of the land around the reservoir.  It would also provide an improved surface for users.  It was therefore considered that the proposed route would be beneficial than the current route and that the legal tests for 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 Footpath No. 46 Congleton, as illustrated on Plan No. HA/014, on the grounds that it is expedient in the interest 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.