Agenda item

To consider the application for the diversion of Public Footpath Nos. 3 and 9 in the parish of Henbury.

The Committee received a report which detailed an application from Mr Simon Taylor (the applicant) of Henbury House, Pexhill Road, Henbury, Macclesfield requesting the Council to make an Order under section 119 of the Highways Act 1980 to divert Public Footpath No. 3 and part of Public Footpath No. 9 in the parish of Henbury. The applicant owned the land over which the current paths and the proposed alternatives routes ran. 

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 the owner, lessee or occupier of the land crossed by the path.

Public Footpath No. 3 ran in a south westerly direction from Sandbach Farm to Public Footpath No. 1 Henbury.  If the diversion order for Public Footpath No. 9 Henbury was successful this would result in Footpath No. 3 becoming a cul de sac route.  It was therefore proposed to divert Footpath No. 3 concurrently with Footpath No. 9.

The proposed route for Footpath No. 3 would run across open pasture, north of Sandbach Farm and would create a link between Footpath No. 9 and Footpath No. 5 (Lingards Farm) where none existed before.  It would exit the field approximately 120 metres north of Lingards Farm on Fanshawe Lane.  Leaving the field at this point avoided users having to traverse a steep bank down onto Fanshawe Lane.  

The section of Public Footpath No. 9 Henbury to be diverted followed the driveway to Sandbach Farm, passing through the farmyard, very close to the house and then across the field to Henbury Moss.  Planning permission had recently been granted (application no. 08/1005P) to redevelop Sandbach Farm.  The Farm would be reconstructed, together with a new pond and equestrian facilities.  The line of the existing footpath would pass through the garden and pond of the new property and very close to the equestrian facilities, where breeding and training of horses would take place.

The proposed route would leave the driveway north of Sandbach Farm, running in a generally south easterly direction across a field to join Public Footpath No. 3.  It would cross slightly higher ground than the existing route and provided much improved views of the Cheshire countryside. It would run adjacent to a new landscaped area of woodland.  Moving the footpath away from the house and yard would allow the applicant to significantly improve the privacy and security of the property.  It would also be a benefit in terms of farm management and avoid any risk of accidents between members of the public and the horses.

The Committee noted that there were no objections had been received and considered that the proposed footpaths would be more enjoyable than the existing routes, providing a much improved open views of the Cheshire countryside.  The new routes were not substantially less convenient that the existing routes and diverting the footpaths would be of huge benefit to the landowner, particularly in terms of security and privacy and also in terms of farm management.  It was therefore considered that the proposed routes would be more beneficial than the current routes and that the legal tests for the making and confirming of a diversion order were satisfied. 

RESOLVED:

1          An Order be made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, to divert Public Footpath No. 3 and part of Public Footpath No. 9 Henbury, by creating new sections of public footpath and extinguishing the old parts, as illustrated on Plan No. HA/017 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 Act.

3          In the event of objections to the Order being received, Cheshire East Borough Council be responsible for the conduct of any hearings or public inquiry.