Path Orders
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Sub-heading
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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 Borough/City Councils under the Town & 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
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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.
Current Public Path Orders |
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