Finally S38 Planning Application for Fenceline near Owd Betts

Following on from the successful agreement with the BHS on the horse access points in the Fence Line on Edenfield Road near Owd Betts, we have finally pulled together and submitted a S38 Application for the fence to the Planning Inspectorate. It has been a lot more involved than we had initially envisaged and has involved a considerable amount of time pulling it all together. 

There is a 28 day consultation period ending on the 4th October where any one who wants to support or object to the fenceline can send in their thoughts to the Planning Inspectorate.

The Planning Inspectorate will then consider the application and any submissions and either 

decide to grant the application,

Hold a Public Inquiry or

Decline the application.

Unfortunately any changes to the access locations will not be able to proceed until this process has been completed. It is such a shame as another local bridleway group members had agreed to fund a horse access route opposite Rough Lea in November 2021 but then a challenge was made by that group over the legality of the fence line. It was during further examination of the S38 Process by Rochdale Metropolitan Council that it came to light that the initial view, that exemption clauses applied to the fence line, was in fact probably not true and an application was probably required. 

It has taken from early 2022 to August 2023 to reach an agreement on the design of safe access points at all three access locations (Owd Betts, Codshaw Quarry and opposite Rough Lea) with the BHS. Another local Bridleway Group however still disagrees with the BHS conclusion. 

As soon as any S38 approval is given, we will need to ascertain where funds can be obtained from to get the access opposite Rough Lea installed, which could be months or even years away. Meanwhile the horse community can use the safe access at Codshaw Quarry to access the moors.