Under the Highways Act 1980 and the Town and Country Planning Act 1990, the council may make a footpath or bridleway Diversion or Stopping-up Order on receipt of an application from the owner, lessee or occupier of land crossed by the path.
Before it makes an Order, the council must first be satisfied that the Order would be in the interests of the owner, lessee or the occupier of the land and in the interests of the public.
The council must also be satisfied that the new route will not be substantially less convenient for the public to use. Consideration must also be given to the effect the Order would have on the public’s enjoyment of the footpath or bridleway as a whole, on the land subject to the existing right of way and on the land over which the right of way is to be created.
The processing of a Public Path Order involves a complex procedure.
Overview of procedure
Stage 1
Receipt of application and preliminary consultation with applicant, including site visit.
Stage 2
Consultation with all the statutory undertakers (for example, British Gas, Thames Water) and other interested parties to reveal any objections and other comments.
Stage 3
Preparation and publication of report to the council’s highways sub-committee (Highways Act Orders) or planning and transportation committee (Town and Country Planning Act Orders).
Stage 4
Preparation and publication of the Order including newspaper advertisements, circulation to consultees and the posting of site notices.
If the proposed Public Path Order is unopposed, proceed to stage 7.
Stage 5
Receipt of any objections to the Public Path Order.
If the applicant wishes to proceed, the council may negotiate with the objectors in an attempt to seek withdrawal of the objections.
If objections to the proposed Public Path Order are withdrawn, proceed to stage 7.
Stage 6
If the objections are not withdrawn but the applicant still wishes to proceed, the council must decide whether the Order can still be justified.
The matter is reported once again to committee with a recommendation to abandon the Order or to refer the Order to the Secretary of State for confirmation.
The Secretary of State may deal with the Order by:
- holding a public inquiry
- arranging a hearing
- written representations
It is only the Secretary of State who can decide whether or not the Order should be confirmed.
Stage 7
Confirmation of the Public Path Order including:
- newspaper advertisement
- circulation to consultees
- posting of site notices
Processing of applications
The council’s power to make Public Path Orders is purely discretionary.
Applications will only be processed on receipt of a fully completed application form and provided that the council is satisfied that the proposal meets the requirements of the Acts.
Costs
Under the Local Authorities (recovery of Costs for Public Path Orders) Regulations 1993, applicants will be charged for the full costs incurred in making and confirming an Order.
Applicants will also be charged for the costs of advertisements (approximately £250 per day per advertisement) in one local paper prior to making (in stage 4), confirming (stage 7) and if appropriate certifying the Order.
Applicants are required to give an undertaking that they will meet these costs on their application form.
Applicants are also normally required to defray any compensation which may become payable if it is shown that the value of an interest of a person in land is depreciated, or that a person has suffered damage by being disturbed in his enjoyment of land, in consequence of the coming into operation of a Public Path Order.
Consent
The written consent of all other parties with an interest in the land over which the footpath or bridleway passes or is to be diverted (such as the owner, lessee or occupier) is required before an application can be processed.
In cases where this is applicable, complete the relevant section on the application form.
Condition of the route
Where it appears to the council that work is required to be done to bring the new route into a suitable condition for the appropriate public use, applicants are required to make sure that this work is carried out at their own expense.