Changes to the network
Once a highway, always a highway is an important maxim.
Once a public right of way is recorded on the definitive map and statement, it can only be changed or removed through a formal legal order. It can not be lost by non-use alone.
A public path may be lawfully extinguished or diverted by a diversion and extinguishment order, or its status amended by a map modification order.
Map modification orders are also made to add or delete a path from the definitive map and statement.
There are also provisions under Section 25 of the Highways Act 1980 to create new public rights of way, known as creation agreements.
It is sometimes necessary to temporarily close a public right of way, during development works, for example. Such temporary closures are made on the grounds of public safety.
Diversion and extinguishment orders
County and district councils can make statutory orders to close or divert paths in the interests of landowners or the public.
Orders are usually made under the Highways Act 1980. However, the Town and Country Planning Act 1990 allows orders to divert or remove paths when needed for development. These orders are made by the local planning authority that approved the planning permission, usually the district or borough council.
Orders made under the Highways Act 1980 must meet certain criteria before any application may be considered.
For diversion orders under Section 119 of the Highways Act 1980, the new route must start and end on the same highway (or a connected one). It must be substantially as convenient for the public.
For cancellation orders under Section 118 of the Highways Act 1980, the only valid reason is lack of need. This is except for railway crossings, where safety may also be considered. The fact that a path may be out of repair and unusable at the time the order is made, is not a reason for cancellation.
The Countryside and Rights of Way Act 2000 also allows special diversion or cancellation orders for crime prevention and school security.
Public path orders require extensive statutory steps for consultation, publicity, and handling objections or representations. If an order is opposed, the county council cannot confirm it. It must be referred to the Secretary of State, who may hold a public inquiry to decide. In some cases the issue may be determined by written representations.
Charges are imposed to cover the costs of administration and advertising associated with any order. At present the administration costs are £975.00 and the advertising costs are approximately £700.00.
Should you wish to apply to divert or cancel a public path running across your land, please contact us.
To view all current applications administered by the county council that affect public rights of way in Staffordshire, visit the diversions page.
Temporary closures
The county council can temporarily close public paths for maintenance or safety reasons. Such orders either last for six months or in certain cases, three weeks if it is urgent. Whenever possible, alternative routes are provided.
Charges are also imposed to cover the costs associated with such orders. Running costs are £625.00, plus an extra charge for advertising depending on the type of closure.
To see current temporary or emergency closures of public paths in Staffordshire, check the list of active closures.
Map modification orders
Changes to the Definitive Map, like adding, removing, or updating a route, are made through a Map Modification Order. Modification Orders do not create new public paths. Evidence is required to show that the route already exists.
Anyone can apply to change the Definitive Map under Section 53 of the Wildlife and Countryside Act 1981, if they have supporting evidence. For more information relating to this area of work, please contact us.
Creation agreements
The county council can make an agreement with a person, group, or authority to create a public path. Before doing this, it must consult other local councils in the area. It also has to publish a notice in at least one local newspaper.
