Stages of a Diversion or Extinguishment Order

Consulting Interested Parties

The highway authority has discretion to make diversion and extinguishment orders. Before making an order, the authority will often consult parish councils, path user groups, and occupiers of affected land. There is no legal requirement to do this, however pre order consultations can sometimes give an indication if the proposal is going to be favourably received.

Making the Order

The Council, as highway authority, must give notice of the making of the public path order. The order must be published in a local newspaper, displayed at a local council office and displayed at either end of the affected route. A copy of the order must also be sent to any local parish council and landowners/ occupiers. Anyone who wishes to pass comment or object to the order must do so within 28 days of the first publication of the order.

Objections

Objections must be in writing and reach the authority by the closing date. An objection letter should clearly set out the reasons for opposing the order. Objections can be made on the grounds that the legal tests for making an order have not been met, to the principle of what is in the order or of the details of the order itself.

Unopposed Orders

If no objection letters are received within the objection period or objections are later withdrawn, the order can be confirmed by the Council.

Public Inquiry

If there are objections the authority may decide not to proceed with the order. Alternatively it may refer the issue to the Planning Inspectorate. The Planning Inspectorate will arrange for the order and the objections to be heard before an independent Inspector at a local public inquiry or by an exchange of correspondence.

Anyone can attend an inquiry but only those who have made formal objections have the right to speak. Others may do so at the discretion of the inspector. The order making authority will first state its case, calling witnesses as it feels appropriate. Objectors will then be called upon to make their case and call any witnesses. Both parties are entitled to cross examine witnesses. The Inspector may also question any of the participants at an inquiry.

After the public inquiry the inspector will write to the highway authority, objectors and anyone who showed an interest in proceeding with notification of a decision. The inspector may confirm the order, with or without modifications, or may decide that the order should not be confirmed.

Confirmation

If and when the order is confirmed, either by an Inspector or by the authority, the authority must give notice of its confirmation in the same way as it gave notice of the making of the order. If the order is not confirmed the authority has to inform those people who were notified of the making of the order, but does not have to publish notice of the decision in the local press or at either end of the proposed alteration.