Public Path Orders

We have a selection of powers available to alter the alignment of public paths under the Highways Act and the Town and Country Planning Act.

Public Rights of Way can only be diverted, stopped up or created by a Public Path Order.

There are several types of order making powers that are used by us and these include:

  • the diversion of a path where it is in the interest of the landowner (S119 Highways Act 1980)

  • the removal of a path (S116/S118 Highways Act 1980)

  • The creation of a new length of path (S25/26 Highways Act 1980)

  • The diversion, creation and removal of a path to allow development to take place (S257/S258/S261 Town and Country Planning Act 1990)

Applicants are expected to fill in the appropriate application form available from the more information section on this page.

As of 1 January 2007 the charges are as follows and the full report (Public Path Order Charges) may be downloaded from the more information section on this page.

Before you make an application we strongly advise you to talk to a member of the Rights of Way Team.

Charges for Public Path Orders - effective from1 January 2007

Element

Includes

Hourly Rate

Maximum Charge

Informal consultation to gauge the response from statutory consultees and interest groups / organisations.

Initial consultation and site visit, consultation letter and plan, responses queries.

£37.06

£500

Reporting to an appropriate committee of the council.

Preparation of report and plan.

£37.06

£500

The making of the Order.

Preparation, sealing the Order.

£50.00

£500

Formal consultation.

Preparation and circulation of consultation letter, consideration and responses to representations and objections.

£50.00

£500

Advertising the Order and the Notice of Confirmation and Certification.

Advertisement in two local newspaper.

Current advertising rates.

N/A

Charges for each additional path.

All of the above except all advertising charges which will be charged at the local rate.

One off payment of £100 per path.

N/A

Reductions in charges for special circumstances- effective from1 January 2007

Consideration

Reduction

Benefit

Where an applicant is willing to upgrade or create a new route as a part of a diversion package.

50%

Meets ROWIP* Target. Improves access to the countryside.

Where a landowner is willing to dedicate a route on his/her land to complete a circular route.

no charge

Meets ROWIP* Target. Improves access to the countryside.

A new route enhances public safety.

no charge

Safer walking or riding. Accident reduction.

Diversion of paths passing through domestic or agricultural premises.

discretionary

25% (see explanation below)

Improves security and safety.

Definitive Map anomaly.

no charge

Corrects the Definitive Map and Statement (Statutory function).

The addition, removal and modification of paths in the definitive map and statement (S53 Wildlife and Countryside Act 1981)
We have a duty to process certain types of orders where allegations have been brought to our attention that a path may exist that is not shown in the definitive map and statement or may be incorrectly recorded. You may download application details from the more information section on this page.

Register of applications
We maintain a list of applications to modify the definitive map and statement in accordance with the Countryside and Rights of Way Act 2000.
Follwo this link to view the Rights of Way - Modifications Orders.

If I apply to divert a right of way, how long will it take?
We aim to determine your application within 4 months from the receipt of a valid application. Completion of your application will depend on the resources available at the time and whether your application goes to a Public Inquiry.

Will I be charged if my application goes to a Public Inquiry?
No. We will cover the cost of the inquiry, however, you will still be eligible for the charges in the table above. If you decide to represent yourself or have legal support you will be expected to pay for this yourself.

Should I make the alternative route available whilst my application is being processed?
There is no requirement for you to do this until the actual order is ready to be confirmed. You will be informed when this happens.

I have decided I want a different route to the one you recommend. Will you accept the application?
We will advise you of the likely success of your application. If it meets the criteria stipulated with the legislation then we will process your application. If it does not meet the criteria then we will advise you why and we may reject your application.

I have been asked to provide a route that is as barrier free as possible. What does this mean?
We aim to create a barrier free environment which means few or no stiles or gates on the route.

If my land management practices change in the future can I erect a stile or put in a gate in the future?
You may only do this with our consent. See Stiles and Gates for more information.

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