The Permanent Diversion and Closure of Public Paths

The Reasons for Making an Order

Any landowner can apply to Rotherham Borough Council for a diversion or extinguishment order to be made. However the landowner must first discuss any problems which may have given rise to the diversion or extinguishment request with the highway authority e.g. waymarking can often resolve problems of unintentional trespass.

Whatever the proposal, the highway authority is likely to be more receptive if the applicant can show wider support. Even so it is worth bearing in mind that the authority is not obliged to make a path order.

Rights of way can be changed, but only for reasons specified in legislation, and through statutory procedures. The legislation used for diverting or extinguishing a public path is dependent on the reason for requesting the change. Most changes come about through public path orders made under the Highway Act 1980.

Orders to divert or extinguish paths can also be made under the Town and Country Planning Act 1990 to enable development to take place. Before making an order the highway authority must first satisfy itself that a proposal meets all of the specified criteria.

 Closing a Path

 Diverting a Path

 Paths Affected by Development

 Current Public Path Orders