Closing a Path - Highways Act 1980 Section 118.
The principal reason for closing a path is that it is no longer required for use by the public. This can be very difficult to prove and the scope for closing paths under the Highways Act is very limited.
New legislation has been released which may allow a small number of routes to be closed or diverted in the interests of crime prevention. For further information,
please see 
Countryside and Rights of Way Act 2000.
Highways Act Application Form (22Kb)
Diverting a Path - Highways Act 1980 Section 119
Before making an order the authority must be satisfied that it is expedient to divert the path in the interests of the public or landowner. The alternative route must start and finish on the same highway or an adjoining highway and should not be substantially less convenient.
Highways Act Application Form (22Kb)
Paths Affected by Development
Town & Country Planning Act 1990 - Section 257
A public path can be diverted or extinguished to enable development to take place. In this context development consist of works which require planning permission.
It is very important that all existing and potential public rights of way are identified and considered at an early stage in the development process. The identification of a public right of way at a late stage can cause significant delays and may even halt a development or make properties unsaleable. The Council has powers to remove an obstruction on a public right of way and may require the demolition of buildings for this reason.
The first option should be to retain paths on their existing alignment. However, if this would prejudice an otherwise acceptable development or layout it may be acceptable to divert a path if an equally convenient and pleasant route can be found.
The granting of planning permission does not give a developer any right to interfere with, obstruct or move a public right of way. Public paths can only be diverted or closed by legal order. These require a separate application and are not covered by any planning permission. The costs associated with the legal process are the responsibility of the developer.
It is an offence to disturb or obstruct a public path. Any path across a development site should be kept clear until an order is legally confirmed and the diverted route is available.
Even if a path is to be permanently retained, it may need to be disturbed while the development takes place. For instance, it may not be possible to safely keep the path open during building works. If so a temporary closure or diversion will be required for the duration of the works. The path must be fully reinstated at the end of the diversion.
Town & Country Planning Act - Footpath Diversion (22Kb)
The Cost of Diverting or Closing a Public Path
The Stages of a Diversion or Extinguishingment Order
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