Introduction
A public right of way can be moved to another route for various reasons for example, in the interest of the public, the landowner, or to enable development to take place. The applicant must be able to show that the new route will not be substantially less convenient for the public and or meet other relevant tests. Where planning permission has been granted, no development should begin until the affected public right of way has been diverted.
Exmoor National Park Authority, will deal with applications that fall within the National Park boundary.
Applications
Applications will be prioritised in the following order:
- Rail level crossing diversion and extinguishment applications – under Section 119a and Section 118a HA1980, and any other applications where they may address issues of endangerment to life or harm.
- Applications to divert and stop up rights of way to enable development, made under Section 257 TCPA 1990, where planning permission may be granted or a planning application has been made. (Note: an order made under Section 257 TCPA 1990 cannot be confirmed until planning permission is granted).
- All other Public Path Order applications, including those made under Section 118 and Section 119 HA 1980. Priority will be given to those that resolve significant obstructions or S130 notices; those that resolve issues causing significant inconvenience and those that are linked to the modification order process. Those applications which have regular, useable alternative routes will be of a lower priority.
It is usually the landowner of the public right(s) of way in question or developer who applies for a diversion. But, agents or tenants may apply on behalf of the landowner or developer. Written consent must be obtained from all owners of land crossed by the alternative route (who can be reasonably identified) and submitted with the application.
Orders that we process are charged at an hourly rate. As a guide, including newspaper advert costs, a simple diversion with no opposition can cost around £1,500 to £2,000.
When considering the new route, you should think about the difference in the length, any field boundaries that need to be negotiated and what kind of access would be required. If creating a new junction with a road, you will need to consider how safe it might be for the public to use compared to the existing junction. Any proposed alternative alignment of paths under Section 257 of the TCPA1990, that is necessary as part of the construction of a new housing development, should avoid the use of estate roads wherever possible and preference should be given to the use of made-up estate paths through landscaped or open space areas away from vehicular traffic. Where alternative routes need to follow estate roads/ footways, these should comply with the design standards set out in the government and local guidance documents.
Processing a diversion application involves checking that the proposal complies with the Public Path Order Policy, undertaking statutory consultation, construction, advertising and confirmation of the order. A simple diversion can take 6 months to process, once it has been started. However, several things, such as third-party interests and objections from the public can delay the Order process. Please note, there is no guarantee that an application will be successful.
Policy
Our latest Public Path Order Policy was adopted in 2023. It relates to orders done under the Highways Act 1980 and the Town and Country Planning Act 1990. The policy sets out the criteria that must be met by applicants, and situations where costs may be defrayed. Please read through this document and the guidance notes before submitting an application to ensure that all tests have been met and that you are aware of the process.
