Changing a right of way

Public path orders

Landowners, tenants or occupiers can apply to the council for the permanent creation, diversion or closure of public rights of way (PROW) on their land. These types of applications are known as public path orders.

Permanent diversions

Most applications for diversions are to allow for:

• more convenient farming practices
• the construction of development which has been granted planning permission

When diverting a public right of way, we will make sure that the new route is as convenient to the public as the existing route. We will also take into account the effect of the diversion on public enjoyment of the path or way as a whole.

The route of a public right of way must not be moved unless the change has first been authorised by a legal order. This is known as a diversion order. This can only be made by the relevant Highway Authority or the Secretary of State. We will process your application with administrative and advertising costs normally charged to the applicant.

Any work needed to bring the condition of new routes up to an acceptable standard will normally be required of the applicant, although the legally required signposts may be supplied by the council.

For public benefit

We can initiate diversion proposals which will benefit the public, from a recreational viewpoint, and the landowner. In such cases the council will meet the costs of processing the orders.

Sometimes schemes involve closure of old, little-used paths when new rights of way are created nearby which will be useful to the public.

New footpaths and bridleways can be established by a landowner by entering into ‘creation agreements’ with the council.

Creating a new path

We can only create a new path after considering how it might add to the convenience or enjoyment of a substantial section of the public or of local residents. We also take into account the effect that the creation would have on the rights of those with an interest in the land and the effect on agriculture, forestry and nature conservation.

We follow a set of legal procedures when considering an application for this. These are in place to make sure the public are made aware of any changes to the path network, and that everyone has the opportunity to state their views. These opinions are taken into account before a final decision is made.

Permanent closures

Applications for closure of footpaths and bridleways are less common, as the grounds for making them can only be that the path or way is not needed for public use. With the increasing use of the rights of way network, such proposals are normally opposed.

Consultations will be undertaken before the council decides to proceed. Even if a closure order is made, the statutory public representation period may well prompt formal objections. If these are not withdrawn, the council has to decide whether to forward the order to the Secretary of State for the Environment (who would probably hold a public inquiry), or not to proceed with the order at all. Exactly the same procedures apply to diversion orders if objections are received to them.

How to apply for a public path order

You should read the guidance page carefully before completing the application form.

Applications cannot be dealt with unless all appropriate sections of the form are completed and signed. The form must be submitted with the following:

1. An extract from a current edition of an Ordnance Survey map (scale 1:2500) showing the definitive line of the path by means of a bold black line and the line of the proposed diversion by a broken black line. The map should be endorsed “Reproduced from (based upon) the [DATE] Ordnance Survey 1:2500 scale map with the sanction of the Controller of HMSO. Crown Copyright.” (An extract from the relevant O.S. map can be provided on request).
2. Proof of ownership of the land crossed by the path or bridleway, for example a copy of title deeds. In the case of a lessee or tenant of land crossed by the path, a copy of the lease or tenancy agreement.
3. Written consent of all other parties with an interest in the land over which the footpath or bridleway passes or is to be stopped-up (such as the owner, lessee or occupier). In cases where this is applicable, please fill in the relevant section at the end of the application form.

There is a non-refundable fee for processing public path orders. The fee amount varies depending on how much time it will take to action. The fee ranges between £1,795.79 to £3,090 plus VAT.

Register of public path and definitive map modification orders since April 2024

Binfield FP2

Location: Binfield FP2

Intended effect of the application: to divert a public footpath around a paddock, in the interests of public convenience and safety.

Location OS grid reference: SU 859 726 to SU858726 to SU857726.

Address: Bottle Lane to Ryehurst Lane, Binfield.

Parish or ward: Binfield Parish, Binfield North and Warfield West Ward.

Current status: complete.

Applicant: Jennifer Goodman, Broadlands Farm, Bottle Lane, Warfield, RG42 5RX

Date received: 10 April 2024.

Council decision and date: application approved 29 May 2024.

Outcome: footpath diverted.

Winkfield FP13 and FP19

Location: Winkfield Footpaths 13 and 19.

Intended effect of the application: to divert public footpaths around polo club pitches, in the interests of the landowner and public convenience and safety. 

Location OS grid reference: Winkfield FP13 from SU911719 to SU914724. Winkfield FP19 from SU921724 to SU908721. 

Address: Pigeon House Lane and North Street, Winkfield Parish or ward: Winkfield Parish, Winkfield and Warfield East Ward.

Current status: complete.

 Applicant: The Royal County Of Berkshire Polo Club Ltd. 

Date received: 19 November 2021 

Council decision and date: application approved 29 May 2024. 

Outcome: footpaths diverted

See our definitive map and statement page for a list of definitive map modification orders where there's been evidence found showing that a path or way:

• is not recorded
• is shown with the wrong status (for example a path is shown as a footpath but it should be a bridleway)
• is shown along the wrong route
• should not be shown on the definitive map