1 Overview
The County Council has the power (not a duty) to make orders to divert or extinguish public rights of way where certain criteria, set out under Section 118 and 119 of the Highway Act 1980 can be met.
An order to divert or extinguish a public right of way can be made in the interest of the owner/occupier or the public.
Legislation also provides for the diversion or extinguishment of a public right of way in other circumstances such as:
- improving school security
- at rail crossings
- at Sites of Special Scientific Interest (SSSIs).
If you wish to divert a path to enable development to take place, speak to your local planning authority.
For further information on the application process, relevant legal tests and other factors taken into consideration, please contact the Public Rights of Way Team.
2 Fees and charges for path diversions and extinguishments
Prices are valid between 1 April 2023 - 31 March 2024 and exclude VAT.
| Fee element | Charge |
|---|---|
| Non-refundable deposit - this fee is deducted from the costs mentioned below | £500 |
| Unopposed Public Path Order | £2,746 |
| Opposed Public Path Order - this fee is in addition to the fee quoted above | £1,553 |
| Additional order(s) - In addition to the fee stated as 'Unopposed Public Path Order' and 'Opposed Public Path Order' fee as applicable | £478 |
| Cost of advertising the statutory notices in the press | Approximately £1,000 for both notices |
You can also make a payment relating to your application.
3 Apply for a path diversion or extinguishment
The application form needed to make an application can be obtained from the Public Rights of Way Team using the contact details below.