Decision details

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.

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.