I attempted to achieve the required outcome by both means, as required under both legislations. I applied for this definitive map modification order (DMMO) under the Wildlife and Countryside Act 1981 on 14.07.2009, as it is the required route to amend the alignment error on the definitive map.
As that process normally waits until the applicant dies and can take 20 years or more, we made an entirely separate Section 56 Highways Act 1980 complaint for an order to repair the highway over the land on parcel number 342 known as Glebe Yard in the interim, as that is the required route to get the highway authority to perform its duty to repair a highway that they chose to ignore.
Even if the correct order to repair the highway had been made under HA 1980; we would still have had to await the due process to amend the map under the WCA 1981. They always have been two entirely different processes.
Recorder Abbott and Burton J lacked jurisdiction to consider an alignment dispute under the HA, as the s.56 procedure lacks the power to alter the map, they can only decide if the alleged way is HMPE; and if so, order repair.
Even if the Inspector orders Devon County Council to amend the definitive map to correct the legal position, we still have to get the charging order for the costs removed from our home. Which is why the discussion of the appeal by way of case stated is still open Atticus.