Public path orders

Changes to public rights of way can only be brought about by following the proper legal process. It is an offence to physically divert or close a public path, even temporarily, without lawful authority. Anyone that attempts to do so risks having action taken against him or her. This may mean prosecution or having us take enforcement action against them. As such the only course of action open to anyone wishing to change a right of way in Plymouth is to persuade us to make a public path order.

Applications to change the rights of way network can come from anyone, be it local farmers, landowners, schools, walkers or even ourselves. A change might be proposed because it gives users access to a more appropriate path, new areas or better views, it may be proposed in the interests of crime prevention or because there is some operational or financial benefit to be gained from it by the applicant. Whatever the reason and whoever the applicant the public path order process is a public one in which anyone having an opinion can have their views taken into account.

People’s reactions to any proposal will often depend on how they see their own interests being affected. If they see benefits to themselves in the proposed change they are likely to agree with it, likewise, if their interests will in some way be diminished by the change they may oppose it. These factors mean that making changes to a right of way can easily become a subject of local contention and can easily become expensive for both us and the applicant if the matter proceeds to a public inquiry. As such the decision to apply for a public path order is not one that should be taken lightly and there must be a good reason for doing so.

We have the power to make public path order but are under no obligation to do so and may refuse an application if we so choose. Applications will currently be considered on the following grounds:

Section 118 Highways Act 1980

Where it appears to a council that it is expedient that the path should be stopped up on the ground that it is not needed for public use

Section 119 Highways Act 1980

Diversions for securing the efficient use of land or providing a more commodious path

Section 118/9ZA Highways Act 1980

Extinguishment/diversion of paths made in the interest of owners, lessees or occupiers of land used for agriculture, forestry or the breeding or keeping of horses.

Section 118/9A Highways Act 1980

Extinguishment/diversion of paths crossing railway lines other than by a bridge or tunnel, made in the interests of public safety.

Section 118/9B Highways Act 1980

Extinguishment/diversion of certain highways for the purposes of crime prevention in designated areas.

Section 118/9C Highways Act 1980

A special extinguishment/diversion of certain highways crossing school premises for the purpose of protecting pupils and staff from:

• violence
• threat of violence
• harassment
• alarm or distress arising from unlawful activity
• any other risk to their health and safety arising from such activity

If we choose to accept your application for a public path order we will carry out the necessary consultation and advertisement of the order and you will be expected to cover our actual costs in doing so. Public path order follow the same procedure as modification orders in that the order is advertised and representations are invited. If outstanding objections remain the order is referred to the Secretary of State for determination who may hold a public inquiry.

Further information on public path order including the necessary application forms can be can be found on the useful forms page or by contacting our Rights of Way Officer.

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