Public Path Orders

Diverting, stopping up and creating Public Rights of Way

Public Rights of Way can only be changed through a legal process called a Public Path Order.

Public Path Orders are used to:

• divert a Public Right of Way to a new route
• stop up (remove) a Public Right of Way
• create a new Public Right of Way

Types of Public Path Order

The most common types of Public Path Order are:

• Development-related orders
  Made under section 257 of the Town and Country Planning Act 1990. These are used where a change to a Public Right of Way is needed to allow approved development to go ahead.

• Diversion orders
  Made by the Council under section 119 of the Highways Act 1980. These are used where a diversion is in the interests of a landowner, occupier or the public.
• Orders made by the Secretary of State
  Made under sections 14 and 18 of the Highways Act 1980. These are known as Side Roads Orders and are usually linked to major road schemes, such as bypasses.
• Creation agreements
  Used where a landowner agrees with the Council to dedicate a new Public Right of Way. These are made by agreement and do not need to follow the full legal order process.

In addition, the Cycle Tracks Act 1984 allows certain public footpaths to be converted into cycle tracks.

How Public Path Orders are processed

All diversion and extinguishment orders made by the Council under the Highways Act 1980 follow the same basic process.

Because there are several legal stages, some with fixed timescales, applications can take a long time to complete. Not every application will be successful.

The law sets legal tests that must be met before an order can be made and confirmed. Members of the public also have a legal right to object.

The Public Path Order process

1. Application received
2. Consultation
3. Decision made by either:
   • the Highways and Transport Committee Public Rights of Way Committee
   • or an Officer using delegated powers
4. If approved, the order is made and advertised
5. Objection period
6. Final decision:
   • unopposed orders are confirmed and advertised
   • opposed orders are sent to the Secretary of State for a decision

Who we consult

• We consult a wide range of organisations and individuals, including:
• Ward Members
• Cheshire East Council services
• Town, Parish and Borough Councils
• utility companies
• the Ramblers (local and national groups)
• Border Bridleways Association

We also place public notices:

• on site
• on this website
• in a local newspaper

Mapping changes

When a Public Right of Way is created, diverted or stopped up, the Council notifies the Ordnance Survey.

The change will appear on future digital and paper maps, but this can take several years.

Applying as a landowner

Landowners can apply to divert or stop up a Public Right of Way that runs across their land.

Applicants must:

• pay an administration fee to cover the Council’s costs
• pay the advertising costs for the order

There is a waiting list for most orders. Orders needed to support development under section 257 of the Town and Country Planning Act 1990 are usually dealt with more quickly.

Fees, forms and further information

For advice and application forms, contact the Public Rights of Way team. 

Details of fees are available in the Public Rights of Way Charging Policy (PDF, 120KB)

Current Public Path Orders

You can view lists of:

• diversions
• creations
• extinguishments
• cycle track orders

Contact Public Rights of Way

Contact Public Rights of Way