Public rights of way can legally be diverted, stopped or created by a Public Path Order where it is in the interest of the landowner or the public, or is needed to allow for development to take place.
The types of order making powers that we can use include:
- Diversion of a public path under Section 119 of the Highways Act 1980, where it is in the interest of the landowner or the public to divert a path from its current legal alignment.
- Removal (extinguishment) of a public path under Sections 116/118 of the Highways Act 1980, where a path is no longer necessary or needed for public use.
- Creation of a new length of public path under Section 25/26 of the Highways Act 1980, where a path is needed for public use.
- Diversion, creation or removal of a public path under Sections 257/258/261 of the Town and Country Planning Act 1990, to allow for development to take place. This type of order would normally be promoted following the granting of planning permission although powers do exist to allow the order making authority to promote an order in advance of planning permission being granted. Orders of this type are processed by the planning authority granting planning permission or, in the case of a vehicular route, the application would be made to the Secretary of State.
Applicants are advised to read the relevant guidance notes attached to this page before completing the corresponding application form. Within these the legal tests which must be met by an application are described, and further information about the processes involved is given.
Before you make an application we also strongly advise that you talk to a member of our rights of way team to discuss your proposal and any other considerations which may need to be taken into account.
Charges for Public Path Orders
Since September 2016 we have revised charges for the promotion of orders under the Highways Act 1980 and the Town and Country Planning Act 1990. The full report and explanation of the revised charges is attached to this page.