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Contact
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Mail :
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Public Rights of Way Dept. of Development Plymouth City Council Plymouth PL1 2AA |
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Phone :
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01752 304233 |
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Email :
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prow@plymouth.gov.uk |
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Fax :
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01752 304922 |
Related pages
Links
- Planning Portal
- The Planning Inspectorate
- The Town and Country Planning Act 1990
- Rambers Association Guide
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Information for planners/developers
Thinking of applying for planning permission?
If so you should be aware that the granting of planning permission does not give you the right to interfere, obstruct, move or close a public right of way.
Public rights of way are public highways and have the same level of protection provided by the Highways Act 1980 as vehicular roads. The implications of interfering with them hold the same consequences as that of any highway maintainable at public expense. We must ensure that public rights of way are open and available for public use at all times. By developing over a public path you are obstructing it and we are obliged to ensure that any obstruction be removed and the path reinstated.
All too often Rights of Way Officers have to deal with difficult situations that have arisen because the existence of a public right of way has been ignored by a developer or overlooked in the planning process.
It is very important that public rights of way are considered at an early stage in the development process. Interference with a public right of way may cause significant delays, halt development and may make properties un-saleable.
To tackle this problem we will be producing a guide for developers and planning professionals. It is hoped that this guide will assist in the understanding of the law, which applies to public rights of way. We believe that prevention is better than cure, and by offering guidance and advice early on in the planning process, Rights of Way Officers will be able to assist landowners, developers and planners to more comply with the statutory obligations placed upon all of us.
The guide will provide quick, easy access to specific issues without necessarily having to read the whole document.
In addition to this guide a series of frequently asked questions (FAQ) has been provided below.
Planners/developers frequently asked questions
- Where can I find out about public rights of way affecting my site?
- Can I develop land crossed by a public right of way?
- Will the right of way affect whether I can get planning consent?
- What if the path runs alongside the proposed development?
- Does planning consent give me the right to stop up or divert the path?
- Are there any costs involved in diverting/stopping up a public right of way?
- How long will it take to divert/stop up a public right of way?
- How do I apply for a legal order?
- What if the path needs to be closed/diverted temporarily?
- What about access to the proposed development?
- What happens if I build over a public right of way?
- What if I come across a development that affects a public path?
Where can I find out about public rights of way affecting my site?
Public rights of way are recorded on the definitive map, which can be viewed between 9am to 5pm, Monday to Friday at the Civic Offices, Plymouth.
If you wish to view the definitive map please contact the Rights of Way Officer.
Can I develop land crossed by a public right of way?
Yes. However, public rights of way (footpaths; bridleways and byways) are an important constraint on the development of land. Whilst they can be diverted or, exceptionally, stopped up to enable development to take place, this requires a legal order in addition to any planning consent that may be required. It is always best to avoid affecting a public right of way, if at all possible.
Will the right of way affect whether I can get planning consent?
Yes. The Local Planning Authority must consider the effect that the proposed development would have on the public right of way. National and local planning policies strongly support the protection and enhancement of the public rights of way network, and you will be expected to justify any effect your proposed development might have on it.
What if the path runs alongside the proposed development?
The effect of the proposed development on the path will still be a material consideration so far as the Planning Authority is concerned. You should try to minimise any adverse effect, such as overshadowing, that the development might have on the path. Before starting to prepare plans, you should check with us where the legal boundaries of the path are. Like roads, public paths often have verges on either side, and even though the land may belong to you, if it forms part of the path, you will not be allowed to build on it.
Does planning consent give me the right to stop up or divert the path?
No. The granting of planning consent in no way authorises the obstruction, closure, diversion or other interference to the public path. The public right of way must be diverted or extinguished by a legal order before the development commences. This is an entirely separate process, which can take several months to complete.
Are there any costs involved in diverting/stopping up a public right of way?
Yes costs are involved although it is significantly cheaper to resolve matters when you are going through the planning application process.
How long will it take to divert/stop up a public right of way?
The timescale is dependant upon you giving accurate information when submitting your plans.
How do I apply for a legal order?
You should apply to the Local Planning Authority for an order under the Town and Country Planning Act. You will be expected to pay administrative costs and the cost of advertising the order in the local press. In the case of a diversion, you will also be expected to undertake any works that we consider necessary to bring the new path into a fit state for use. If objections are received which cannot be resolved, the order has to be submitted to the Secretary of State for determination. The order must be confirmed before the development is completed, or it will fail.
What if the path needs to be closed/diverted temporarily?
We can authorise the temporary diversion/closure of a public right of way by means of a traffic regulation order. If you require a temporary diversion or closure - to lay pipes or cables or to ensure the health and safety of the public for example you should contact us. We require at least eight weeks notice and you will be expected to pay our administrative costs and the cost of advertising the order in the local paper. Temporary closures can last for a maximum of six months. An alternative path must be made available where possible.
What about access to the proposed development?
Planning consent does not authorise use of a public footpath or bridleway for vehicular access. It is a criminal offence to drive a vehicle over a public footpath or bridleway without a private vehicular right of access or easement, or the permission of the landowner and the relevant highway authority over which the public right of way runs.
If your existing access runs over a public right of way and the proposed development would materially increase traffic, you should check with your solicitor that you would not be exceeding your rights. This will be a material planning consideration.
If you intend to improve the surface as part of the development, in addition to planning consent you will need consent from us to ensure that the new surface will be suitable for the public right of way.
If you intend to create a new access over a public right of way, you must first obtain consent from the owner of the land over which the path runs, as well as us as we have an interest in the surface of the route.
What happens if I build over a public right of way?
If you build over a public right of way that property will be blighted and you must inform the purchaser as you are under a legal duty to disclose any and all liabilities.
Additionally, the Highway Authority is legally obliged to remove any obstruction over or across a public right of way and recover the costs from the landowner in doing so. We will always seek the legal diversion/extinguishment of a public path retrospectively in these instances but as this process is subject to objection and thus not a guaranteed outcome it may be necessary for the development to be removed and that path reinstated.
What if I come across a development that affects a public path?
Please inform the Rights of Way Officer as soon as possible. We will probably be aware of the development already, but if not, your prompt report could help to prevent a more serious problem.
