The Council incur considerable expenses in the making of a Public Path Order. It is Council policy to recoup the costs of advertising and to make an administrative charge towards the cost of making the Order. We therefore require applicants to sign an undertaking to reimburse these expenses before the Council processes the Order. Applicants are reminded that there are many stages in making an Order and the statutory procedure will normally take a minimum of 12 months from start to finish.

The owner, lessee or occupier of land crossed by a path may apply to the Council for the making of a Public Path Order under Section 118 or 119 of the Highways Act 1980. The application should be made on the appropriate form and must be accompanied by an extract from the current Ordnance survey plan of the area (scale 1:2500) showing the path or way to be diverted or extinguished and in the case of a diversion, the alternative route. Before making the Order, the Council must be satisfied in the case of an application for a Diversion Order, that it is expedient that the line of the path or way or part of that line should be diverted and in the case of an application for an Extinguishment Order, that the path is not required for public use.

They must also be satisfied that the proposed new path will not be substantially less convenient to the public than the present path.

It is therefore in the interests of applicants to ensure they submit the fullest reasons on application form. They should remember however that the reasons must be such as can (if necessary) be substantiated in evidence (and stand up to cross-examination) at a Public Inquiry.

Before deciding to make a Public Path Diversion Order, the Council will require the applicant(s) to enter into an Agreement under Section 119 (5) of the Act, that they will defray (a) any compensation which becomes payable in consequence of the Order, and (b) any expenses incurred by the Highways Authority in bringing the new site of the path to a fit condition for use by the public.

It must be emphasised that a footpath or bridleway must not be diverted or stopped-up until an order has been confirmed. any preliminary obstruction of, or interference with the right of way concerned is an offence.

It is important that where a public right of way is affected by a proposed development in so far as it affects a right of way, the development should not be started and the right of way should remain fully available to the public, until the statutory action dealing with the right of way has been completed. These are dealt with under the Town and Country Planning Act 1990.