Diversion Order

Public path diversion Orders-Highways Act 1980:

Herefordshire Council has powers to process applications for Public Path Orders under section 119 of the Highways Act 1980. When using these powers, Herefordshire Council will use its discretion and consider the merits of each application and the benefits obtained from the proposal for path users and the landowner.

• An application can be made under this legislation where the diversion would be in the interests of the owner, lessee or occupier of land crossed by a public right of way.
• Herefordshire Council can also make an order under section 119 of the Highways Act 1980, where it feels that a diversion would be in the interests of the public.

The proposed diversion must meet the following legal tests:

• It must benefit the owner, occupier or lessee of the land crossed by the existing path, or be of benefit to the public.
• It must not alter the point of termination of the paths, unless the termination point is moved to another point on the same highway (i.e. path or road) or to another highway connected to it.
• The proposed new route of the path must not be substantially less convenient to the public.
• Consideration must be given to the effects of the diversion on public enjoyment of the path as a whole. The effects of the diversion on land served by the existing and proposed new routes of the path must also be taken into account.

Applicants must agree in writing to pay all costs associated with making an order and putting the diverted route in place on the ground. The Council is excluded from charging costs for contested orders. Charges can only be made up to the point where the order is submitted to the Secretary of State for determination and where such orders are confirmed, in advertising that confirmation.

• If you decide to make an application, the first stage will be for you to send the Amey Herefordshire Public Rights Of Way department a proposal, in the form of a map and a written description of the existing and proposed routes. A map showing ownership of land affected by the proposal should also be included. It would be helpful if this plan were to 1:2500 scale, as it will be used to form the basis of the Order plan.
• A site meeting can then be arranged to discuss the proposal. If at this stage Herefordshire Council judge that the proposal has little or no prospect of succeeding, it may decide not to pursue it.
• If, on the other hand, the Council consider the proposal is worth pursuing, then an application pack will be sent to you, which includes a list of all consultees (including the Parish Council) who must be invited to comment before the Council makes a decision.

It is worth noting that our current public path order policy requires potential applicants to carry out much of the consultation work themselves. This will include administration with consultees and entering into discussions with user groups, the Parish Council, statutory undertakers and others and agreeing a route which is acceptable to all parties, before a formal application is submitted to Herefordshire Council.

Note

There is currently a large backlog of applications. Regrettably, a delay of three to four years is not uncommon. Applications under the Highways Act 1980 are dealt with on a date of application basis.

For further information regarding diversions under the 1980 Highways Act, please contact 01432 261800

Public path diversion Orders-Town and Country Planning Act 1990:

Herefordshire Council also has powers to process applications for Public Path Orders under section 257 of the Town and Country Planning Act 1990. 

• An application can be made under this legislation where it is necessary to divert a right of way for permitted development to be carried out. An Order cannot be made until such time as planning consent for the development has been granted.
• The need for a diversion would be identified during the process of making a planning application. A condition may be added to the decision notice, to specify that the path must be diverted before development works over the path can commence.

In order to meet the legal tests, the proposed diversion must be necessary to enable the permitted development to be carried out.

Because of the time constraints associated with planning consent and development work, applications under the Town and Country Planning Act 1990 are prioritised. For an Order that is unopposed, we would aim to complete the diversion process within 6 months of receiving completed pre-Order consultation.

For further information regarding Town & Country Planning Act Diversions please call please call 01432 261800