1 Overview
Important: WSCC is following Government advice regarding the closure of Public Rights of Way in response to COVID-19. The network currently remains open and legislation does not exist that would allow WSCC, as Local Highways Authority, to close paths due to COVID-19 at this time. Should this change, we will respond accordingly.
Current advice is that, with appropriate social distancing in place, it is possible to use local Public Rights of Way responsibly. Please make sure you wash you hands thoroughly when returning home from walking on Public Rights of Way as you will have touched gates and stiles that may have been used by others.
Please note: New applications to divert or extinguish Public Rights of Way are not being accepted at this time. Presently, there is a considerable list of applications awaiting attention, which may take several years to work through.
Legislative change is also expected shortly to change the way the County Council considers future applications (though it is understood the actual legal tests to be satisfied will remain unchanged).
For now, the information on these pages is kept for existing applicants and those interested in finding some understanding to the considerations in diverting or extinguishing public paths.
A request for a Public Right of Way to be diverted or extinguished (legally removed) might be made because:
- it is no longer needed for public use
- it is in the interests of the public or the person owning, renting or occupying the land crossed by the path
- doing so would protect a site of special scientific interest
- it would be in the interests of school security or for public safety across a railway line
- the land is being developed – in this case please also see Landowners’ and managers’ rights and responsibilities.
There needs to be a good alternative route, and the owner of the land crossed by the proposed route must be in agreement.
2 Fees for path diversions and extinguishments
Prices are valid from 1 April 2018 and exclude VAT.
- £1,800 - Unopposed order
- £2,900 - Opposed order (includes £1,800 fee and legal and case officer support to Public Inquiry at £1,100)
- £2,175 - Opposed order (includes £1,800 fee and incurred costs, where objections are withdrawn following officer correspondence at £375, so the order can be confirmed as unopposed)
- £375 - Additional order (un/opposed) - in addition to the £1,800 and £1,100 fees (if applicable)
- £135 - Additional site inspections by a case officer, prior to determining application (un/opposed) - in addition to the £2,900 and £2,175 fees (if applicable)
3 Apply for a path diversion or extinguishment
Please note: New applications to divert or extinguish Public Rights of Way are not being accepted at this time. Presently, there is a considerable list of applications awaiting attention, which may take several years to work through.
Legislative change is also expected shortly to change the way the County Council considers future applications (though it is understood the actual legal tests to be satisfied will remain unchanged).
For now, the information on these pages is kept for existing applicants and those interested in finding some understanding to the considerations in diverting or extinguishing public paths.
The current fees shown in the documents below are liable to review.