Purpose

An Order was made on 22nd
August 2024 to divert part of Congleton Bridleway No. 1 and part of
Congleton Footpath No.6 under section 119 of the Highways Act
1980.
 
This Order was approved by the
Highways and Transport Committee on 23rd November 2023.
 
During consultation, the Green
Lane Association (“GLASS”) objected to the Order on the
basis that: The route for BR1 should have higher status than a
bridleway and that it may be an unrecorded right of way.
 
It was explained to GLASS that
these matters regarding status are properly dealt with through a
definitive map modification (“DMMO”) Order under s53 of
the Wildlife and Countryside Act 1981 and not through a diversion
Order under s119 of the Highways Act 1980. However, the objection
remains unresolved.
Since the resolution of the
objection is delaying the diversion of the footpath, a decision has
been taken to abandon and withdraw the Order dated 22 August 2024
and to make a new Order to divert the Congleton Footpath No.6
only.
 
Please note that: - The GLASS
objection to the Order is only in relation to the proposed
bridleway diversion. - It is not proposed to decide the GLASS
objection or to determine the merits of the bridleway
diversion.
 
Instead, the Council’s
discretion is exercised not to proceed with that part of the Order
because:
 
(a) the issues raised fall
outside the proper scope of s.119 HA 1980;
(b) GLASS have been advised
that, if they wish to pursue their objections, the correct route is
an application for a DMMO; and
(c) continuing to try to
progress the bridleway diversion in the face of those unresolved
issues would cause further delay and complexity for no clear
benefit.
 
The footpath diversion, which
is uncontested and urgently required by the applicant will be
progressed via a new footpath only s.119 Order, which clearly falls
within the existing delegated powers.
 
The abandonment of the
bridleway diversion does not prejudice GLASS’s ability to
pursue any DMMO application and it does not reduce or remove any
existing rights. It simply means the Council will not be taking the
bridleway diversion proposal further at this stage.
 
An informative report will be
published to the Highways and Transport Committee to inform members
of this decision and the reasons behind it, if
necessary.
 

Content

An Order was made on 22nd
August 2024 to divert part of Congleton Bridleway No. 1 and part of
Congleton Footpath No.6 under section 119 of the Highways Act
1980.
 
This Order was approved by the
Highways and Transport Committee on 23rd November 2023.
 
During consultation, the Green
Lane Association (“GLASS”) objected to the Order on the
basis that: The route for BR1 should have higher status than a
bridleway and that it may be an unrecorded right of way.
 
It was explained to GLASS that
these matters regarding status are properly dealt with through a
definitive map modification (“DMMO”) Order under s53 of
the Wildlife and Countryside Act 1981 and not through a diversion
Order under s119 of the Highways Act 1980. However, the objection
remains unresolved.
 
Since the resolution of the
objection is delaying the diversion of the footpath, a decision has
been taken to abandon and withdraw the Order dated 22 August 2024
and to make a new Order to divert the Congleton Footpath No.6
only.
Please note that: - The GLASS
objection to the Order is only in relation to the proposed
bridleway diversion. - It is not proposed to decide the GLASS
objection or to determine the merits of the bridleway
diversion.
 
Instead, the Council’s
discretion is exercised not to proceed with that part of the Order
because:
 
(a) the issues raised fall
outside the proper scope of s.119 HA 1980;
(b) GLASS have been advised
that, if they wish to pursue their objections, the correct route is
an application for a DMMO; and
(c) continuing to try to
progress the bridleway diversion in the face of those unresolved
issues would cause further delay and complexity for no clear
benefit.
 
The footpath diversion, which
is uncontested and urgently required by the applicant will be
progressed via a new footpath only s.119 Order, which clearly falls
within the existing delegated powers.
 
The abandonment of the
bridleway diversion does not prejudice GLASS’s ability to
pursue any DMMO application and it does not reduce or remove any
existing rights. It simply means the Council will not be taking the
bridleway diversion proposal further at this stage.
 
An informative report will be
published to the Highways and Transport Committee to inform members
of this decision and the reasons behind it, if
necessary.