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Landowners may apply to the local authorities
for the diversion or closure of footpaths and
bridleways on their land. Most applications for
diversions are either to allow for more convenient
farming practice or for the construction of development
which has been granted planning permission. In
the former case the applicant has to show that
the diversion would be in his or the public`s
interest. However, the local authority, in agreeing
to process the application, has to be sure that
the new route will be substantially as convenient
for the public. It also has to take account of
the effect of the diversion on public enjoyment
of the path or way as a whole. For a diversion
or closure in association with planning permission,
the change to the path must be necessary to enable
the proposed development to take place.
Applications for the closure of footpaths and
bridleways not connected with planning permission
are less common than diversions, since the grounds
for making them can only be that the path or way
is not needed for public use. With the increasing
use of the rights of way network, such proposals
are normally opposed so that it is difficult for
them to succeed. Consultations with all interested
parties will be undertaken before the local authority
decides to proceed. Even if a closure order is
made, the statutory public representation period
might well prompt formal objections. If these
are not withdrawn, the local authority has to
decide whether to forward the order to the secretary
of State for the Environment (who would probably
hold a public inquiry), or not to proceed with
the order at all. Exactly the same procedures
apply to diversion orders if objections are received
to them.
The District and Borough Councils consider planning
applications affecting footpaths and bridleways
and deal with those where they have granted planning
permission. Administration and advertising costs
may vary, and will normally
be charged to the applicant. Any work needed to
bring the condition of new routes up to an acceptable
standard will normally be required of the applicant.
It is a good idea to seek the views of the local
group of the Ramblers` Association and the
British Horse Society as well as the Parish Council
when formulating proposals which affect footpaths
and bridleways. This can help to prevent delays
occurring at later stages of the applications,
which can be costly. For example objections not
withdrawn can lead to a public inquiry which could
be held as much as one year from the order date.
This might hold up new farming practices or development,
because the old legal line of the way must remain
open until an order is confirmed. Early consultation
also helps to generate a climate for negotiation
between interested parties. Very often an acceptable
proposal can be worked out before the formal order-making
stage is reached.
New footpaths and bridleways can be established
by a landowner entering into a creation agreement
with the County, District, Borough or Parish Council.
Restricted Byway.
The Countryside and Rights of Way (CROW) Act
2000 has addressed the problem of the lack of
clarity of the rights along Roads used as Public
Paths (RUPPs) by automatically reclassifying all
remaining RUPPs as 'restricted byways'. The
public's rights along a 'restricted byway' are:
- on foot
- on horseback or leading a horse
- by vehicle other than mechanically propelled vehicles
This last means you can take a pushbike or
horse-drawn carriage along a 'restricted byway'
but cannot take a motorcycle or other motor
vehicle along one.
The relevant section of the Act came into force
on 2 May 2006 and so no RUPPs remain on the
Definitive Map - each is now a 'restricted
byway.
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