Issue - meetings

Highways Act 1980 S.119 Diversion of part of footpath 33 Bredbury and Romiley

Meeting: 11/09/2023 - Werneth Area Committee (Item 8)

8 Highways Act 1980 S.119 Diversion of part of footpath 33 Bredbury and Romiley pdf icon PDF 137 KB

To consider a report of the Director of Place Management.

 

The report details a proposal for the diversion of a section of footpath 33 Bredbury and Romiley from the route shown as a solid black line A-B-C to the route shown by a broken black line A-D-C as shown in Appendix 1.

 

The Area Committee is recommended to:-

 

(1) Authorise the making of an Order under Section 119 of the Highways Act, effecting a diversion, when the measures indicated in section 4.5 are complete, of the section of footpath 33 Bredbury and Romiley from a route shown as a black solid line between Points A – B – C, to a route shown in a broken black line between points A – D – C, as shown on the plan attached at Appendix 1.

 

(2) In the event that objections are received and sustained to the Order, forward the Order to the Secretary of State for confirmation.

 

(3) Authorise that the Order will be drafted to include a provision to allow the Definitive Map and Statement to be amended without further recourse to Committee.

 

Officer contact: Nick Robinson on 0161 474 5012 or by email: nicholas.robinson@stockport.gov.uk

Additional documents:

Minutes:

A representative of the Director of Place Management submitted a report (copies of which had been circulated) detailing a proposal for the diversion of a section of footpath 33 Bredbury and Romiley from the route shown as a solid black line A-B-C to the route shown by a broken black line A-D-C as shown in Appendix 1 of the report.

 

The following comments were made/ issues raised:-

 

·         Two objections to the proposed diversion had been raised since the publication of the agenda: one relating to the proposed diversion route which was thought to be dangerous and the other stating that there was a well on the route which was thought to have been used as a source of drinking water by local residents until the 1950s.

·         In terms of the first objection, it was stated that the route referred to by the objector was not the one proposed and as to the second objection, no well was visible on the path and it had not appeared on a map since 1964 and, as such, was not considered to be a reason to prevent the proposed diversion.

·         A further objection related to the diversion being steeper than the current route and muddy in winter.

·         Members queried the decision-making process in relation to this proposal, with a decision being requested prior to a consultation taking place, which was contrary to the usual process.

·         In response to a question about why the council had proposed to offer the landowner a percentage of costs towards replacing stiles with gates, it was reported that the council was obliged so to do as part of an improvement plan to encourage landowners to replace stiles with gates.

·         It was commented that the report would have benefited from a map of the wider area, a flow chart of the decision-making process and the views of objectors along with those of the landowner and council officers.

 

RESOLVED - (1) That the making of an Order under Section 119 of the Highways Act, effecting a diversion, when the measures indicated in section 4.5 are complete, of the section of footpath 33 Bredbury and Romiley from a route shown as a black solid line between Points A – B – C, to a route shown in a broken black line between points A – D – C, as shown on the plan attached at Appendix 1 be authorised.

 

(2) That, in the event that objections are received and sustained to the Order, the Order be forwarded to the Secretary of State for confirmation.

 

(3) That the Order be drafted to include a provision to allow the Definitive Map and Statement to be amended without further recourse to the Area Committee.