Public Path Extinguishment Orders

Herefordshire Council has powers to make a Public Path Extinguishment Orders under Section 118 where the path is not needed for public use.

This is the only ground on which a public path can be extinguished. When using these powers, Herefordshire Council will use its discretion and consider the merits of each application and the effects of the  obtained from an application for both the users of the network and the landowner.

It is worth pointing out that Public Path Extinguishment orders are rarely made as the applicant must demonstrate that the path which is subject to the proposed order is no longer needed for public use.  It is also the applicants responsibility to pay ALL costs associated with making an order.