Restricting Access: Public Rights of Way
The Highways Act provides for the extinguishment or diversion of restricted byways, bridleways and footpaths. To extinguish a route the applicant must demonstrate that the way is not needed for public use. Satisfying this requirement is difficult and generally local authorities are reluctant to make the necessary orders.
In deciding whether to permit a diversion the council must consider whether “it is in the interests of the owner, lessee, or occupier of land crossed by the path or way or of the public”; it must also give regard to agriculture, forestry and nature conservation.
Tip: Prior to making an application it is advisable to consult the appropriate officers in the local authority, the parish council, the owner and commoners as well as user groups such as the Ramblers and British Horse Society. If there is a local member of the relevant Local Access Forum it will probably be helpful to gauge their views.
The procedure for both diversions and extinguishments is for an order to be made and then confirmed. If there are objections, the matter must be referred to the Secretary of State for confirmation unless the council decides to withdraw the order
Temporary diversions and closures can be made to footpaths, bridleways and restricted byways for a period of up to three months for the purposes of excavation or engineering necessary for agriculture. The relevant highway authority will make an order but this does not have to be advertised and there is no opportunity to make objections.
Further diversion powers were introduced by the CRoW Act where works to be carried out on, or near to, a public footpath or bridleway are likely to cause danger to users of the right of way
The occupier cannot divert the section or any part of the same path for more than 14 days in any calendar year.
The occupier must provide the highways authority with at least 14 days notice of the proposed diversion in the prescribed form and publish the notice in the local paper at least seven days before it takes effect.
Before the end of the period any damage must be made good and obstructions removed.