Public Rights of Way can only be diverted, extinguished or created by way of a Legal Order. The most commonly made types of 'Public Path Orders' include:
- Diversion orders made under section 119 of the Highways Act 1980 in the interest of landowners, occupiers or the public.
- Creation Orders made under section 26 of the Highways Act 1980 if there is a public need or by agreement under section 25 whereby a landowner can dedicate a route across their land.
- Extinguishment orders made under section 118 of the Highways Act 1980 if it is not needed for public use. However it is very difficult to show that a path is not needed.
- Diversion or extinguishment orders made under section 257 of the Town and Country Planning Act 1990 in connection with development or mineral extraction.
All diversion, extinguishment and creation orders made under the Highways Act 1980 and Town and Country Planning Act 1990 adhere to the same basic procedure, as shown below. It can take some time to administer an application. Also there is no certainty that an application will result in the desired outcome, as the public have a right to object on certain grounds. Orders are subject to legal tests which must be met by the Council when deciding to make an order.
Public Path Orders process
The process for public path orders is outlined below:
- Public Path Order application form (PDF) (see Application guidance notes (PDF))
- Consultation
- Senior Officer decision
- If approved, the order is made and advertised
- Objection period
- Unopposed orders confirmed/ certified and advertised, opposed orders sent to Secretary of State for determination.
There is an administration fee to cover the full costs of making an order and the applicant must also cover all advertising costs associated with the order. There is a waiting list for dealing with orders - please contact us for details of the current situation. Orders required for development purposes under section 257 of the Town and Country Planning Act 1990 may be processed more quickly.
Ordnance Survey is notified about any changes to the network but this can take a while to be reflected on their printed maps.
For further information and application forms, email Highways.Helpdesk@bedford.gov.uk.