Path Orders
Diverting, stopping up and creating rights of way
Public rights of way can only be diverted or stopped up by legal
order. They can also be created in a similar way. The most commonly
made types of 'public path order' include:
- Diversions or extinguishments made by Councils under the
Town and Country Planning Act 1990, in connection with
development
- Diversions made by the Council under section 119 of the
Highways Act 1980, in the interests of landowners, occupiers or the
public
- Diversions, extinguishments and creations made by the Secretary
of State, under sections 14 & 18 of the Highways Act 1990
('Side Roads Orders'), to enable the construction of bypasses and
other major road schemes
Landowners can apply to the Council for a diversion of a public
right of way running across their land. Occasionally the Council
will itself make an order, in the interests of public safety or to
put right certain types of long-standing problems. Where an order
is being made in the interests of the landowner, the Council would
expect the applicant to meet the full costs of making the order.
When an order is made it is advertised on site, in a local paper
and at some Council offices. It is advertised again if and when it
is confirmed. Members of the public can object to an order if they
wish.
Every time a path is created, diverted or extinguished, the Council
notifies the Ordnance Survey so that the change can be shown on the
next editions of both the Landranger and the Explorer maps of the
area.
