Public Rights of Way

DIVERSION OF PUBLIC RIGHTS OF WAY

We will visit and assess a proposed diversion within 2 weeks of receipt of a completed application. Following written confirmation of the desire to proceed we will carry out the necessary consultations, advertisements and report to the County Council's Regulatory Committee within 6 months. If the Committee agrees the Diversion we would expect it to come into effect within 4 months of that decision, providing works have been completed to our satisfaction and that there have been no subsequent objections or legal challenges.

At this stage a charge will be made for the processing of the Diversion. Cost £1200 admin + £300-£1000 in advertising.
If there is a delay in the process you will be kept informed of the reasons why. Please be aware that consultations can lead to the need for further negotiation.

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GUIDANCE NOTES FOR APPLICANTS

1. GENERAL

These notes are intended to provide a brief outline of the procedures that must be followed in order to divert a public footpath or bridleway in accordance with Section 119 of the Highways Act 1980. If you require more details about any particular aspect of the procedures, or would like more information, you should contact the Lancashire County Council (LCC) Countryside Service, on the telephone number given below.

2. BEFORE THE APPLICATION

2.1 Before making an application to divert a public path you should consider the following:

• The diverted route should provide a safe, convenient and reasonable alternative route for users. In choosing a route the reasonable needs of the user should be properly considered. Unless there are special circumstances the following minimum widths for the proposed diversion routes will apply: Footpaths 2m Bridleways 3m.

• The diverted route must be on land owned, or controlled, by the applicant, or on land for which the applicant has obtained the written consent of the owner, to the proposed diversion.

• A minimum of 8 months is required to process a diversion order. This could be substantially longer if replies to the publication of the order result in a requirement to carry out further negotiation or a modification of the proposal.

• The costs of providing an alternative route to the satisfaction of the County Council must be borne by the applicant. In addition, there is an administration charge made by LCC and the full cost of the advertisements, that are required to be placed in the local paper will be passed to the applicant. The administration charge made by LCC is currently £1000. The costs of the advertisements are dependent on the charges made by the local paper. The minimum cost of the adverts is likely to be £400 but may be substantially higher. Once an order has been made, the administration charge and the costs of the advertisements are payable by the applicant, whether the order is confirmed or not.

• The existing route of the public right of way to be diverted must remain freely available for public use whilst the diversion process is underway. It can only be legally closed if, and when, the diversion order has been confirmed.

• If the County Council agrees to make a diversion order this is only the start of the formal procedures. The order must be publicised and any person or organisation has a right to make representations about, or object to, the proposed diversion.

• If there are objections which are not withdrawn, then confirmation of the order will be dependent upon an independent Inspector considering the objections and making a decision whether or not to confirm the order. In certain cases the independent Inspector will consider objections by holding a local public inquiry.

• To maximise the chance of achieving a successful diversion it is worthwhile discussing your proposal with your local representative of the national user groups, i.e. the Ramblers Association and the British Horse Society, before submitting your application.

• There are additional powers contained in the Town and Country Planning Act 1990 which enable an order to be made to divert or extinguish a public right of way, if it is deemed necessary in order to carry out development, for which you have been granted planning permission. If this is the case you should make your application to the local authority (Borough or District Council) which granted the planning consent and await the confirmation of such an order before the development is commenced.

• In addition to a diversion under section 119, it may be necessary to create or to extinguish lengths of rights of way under sections 25 or 118 of the Highways Act 1980. In this instance the Public Rights of Way Officer will advise you at the site meeting and will include the proposed changes in the form of application.

• Bear in mind that the formal diversion procedure will have the effect of publicising the existence of the public right of way, but will not guarantee that the right of way will be diverted.

3. APPLICATION

3.1 When you have considered all the above points make your application in writing to the Environment Director, for the attention of the Public Rights of Way Diversions Officer, at the address given below.

3.2 Your application should include a description of the proposal, accompanied by a plan or drawing showing the existing route proposed to be diverted and the alternative route to be created.

3.3 Within 2 weeks of a written request we will visit the site and assess the proposal. We will then prepare a plan and a form of application, that is specific to the proposal. The information that will be requested in this form of application is:

• Confirmation that the plan that has been prepared illustrates the proposal. This plan will form the basis for all subsequent formal procedures so it should be checked carefully for accuracy and to ensure it accords with your wishes.
• The footpath or bridleway number on the Definitive Map and the District and Parish in which it lies.
• The length of the existing public right of way to be diverted, and the length of the proposed route, in metres.
• A description of any works that are proposed to bring the alternative route up to the required standard. This includes the replacement or installation of gates or stiles, surfacing works, fencing adjacent to the alternative route to be created and signs and waymarkers that will be required to be installed.
• Written confirmation that you will pay for all works necessary to provide the alternative route to a satisfactory standard (to be approved by the County Council) and that you will re-imburse the County Council for the full costs incurred in all of the Order making procedures. Please note that the order-making procedures are likely to cost between £1500-£2000 but the maximum cost cannot be guaranteed.
• Details of any public utility company's, or statutory undertaker's, services or apparatus in or over the land upon which the existing or proposed diversion routes run.
• Written confirmation that you own all the land on which BOTH the existing and proposed diversion routes run. If you are not the owner please supply written consents of any affected owners. Please note that you will also need to supply the written consent of anyone who has an interest in the land, e.g. tenants, lessees, occupiers.
• Any other information which is considered relevant to the County Council's consideration of your application.
• Information to justify your application. Please note that the legislation requires two legal "tests" to be satisfied.

  For a Public Path Diversion Order to be made it must be shown that, in the interests of the owner, lessee or occupier of land crossed by the path, or of the public, it is expedient that the line of the path should be diverted.

  To satisfy this test you will need to give reasons and explanations why the diversion would, for instance, be in your interest, or in the interest of the public.

  The County Council can only confirm an Order if it is satisfied that the path will not be substantially less convenient as a result of the diversion and regard must be paid to the effect of the diversion on public enjoyment of the path or way as a whole.

  To satisfy this test you will need to demonstrate that the route and condition of the proposed diversion takes full account of the reasonable needs of path users. You will need to outline your proposals with regard to such matters as, width, surface, gradients, fencing/hedges alongside route, gates, stiles, steps, handrails, length, views from the path and any other factors which could influence the public's enjoyment of the route (see section 5 for fuller details).

3.4 Upon receipt of the completed form of application, the County Council will carry out consultations and if there are no objections or adverse comments to the consultations a report will be presented to the County Council's Regulatory Committee within 6 months.

4.0 KEY STAGES IN THE DIVERSION PROCEEDURES

1. Receipt of written request by LCC.

2. Site Meeting between applicant and PROW Diversion Officer to discuss proposal.

3. LCC will prepare a plan and a form of application specific to the proposal.

4. Response from applicant.

5. Letters sent to consultees for their observations and comments.

6. Receipt of consultee replies.

7. Consideration of replies - possible discussions and amendment of proposal (this may require a repeat of Stages 2-6)

8. When satisfactory responses to the consultations are received a report is prepared for submission to the Regulatory Committee.

9. Site visit by Chairman of Regulatory Committee and officers to view proposal.

10. Regulatory Committee considers and decides on proposal.

11. If the proposal is accepted, then Diversion Order is made.

12. If the proposal is rejected, then applicant informed and no further action is taken.

13. Notice of the making of the Order posted on site and in a local newspaper.

14. Minimum period of 4 weeks allowed for representations or objections to be made.

15. If no objections or representations received applicant advised to complete any works required to provide the diversion route.

16. Diversion route inspected by PROW Diversions Officer and if satisfactory a Certificate of Compliance is issued.

17. Order confirmed and Notice of Confirmation posted on site and in a local newspaper.

18. Minimum period of 6 weeks allowed - possibility that Order could be challenged in the High Court.

19. At end of 6 week period new route waymarked and signed as necessary.

20. Invoice for the advertising and administration charges sent to the applicant.

IF OBJECTIONS TO THE ORDER ARE RECEIVED THE FOLLOWING STAGES ARE FOLLOWED

21. Objections are considered by PROW Diversions Officer and discussed with applicant.

22. If objections are considered to be minor or insignificant then an attempt is made to persuade the objectors to withdraw the objections.

23. If objections are considered to raise valid points then the PROW Diversions Officer may recommend amendment of the proposal, or in extreme cases, may recommend that the order is revoked. If a proposal is amended then it will be necessary to repeat stages 3 onwards.

24. If objections are not withdrawn then the Order must be referred to the Department of the Environment for decision.

25. The decision is taken by an independent Inspector by means of either a "written representation" procedure, or the holding of a public inquiry.

26. The decision of the Inspector is final and binding.

The following points should also be borne in mind.

The timing of the "written representation" procedure or public inquiry is dependent upon factors outside the County Council's control.

The costs of a public inquiry are not charged to the applicant.

The applicant is required to provide appropriate support in promoting the order during the decision making process, this may include appearing at a public inquiry to justify the proposal. The applicant must bear his/her own costs incurred in attending the inquiry and producing any associated documents supporting the proposal.

If objections are raised at either consultation stage, or order advertising stage, which are considered to be of major importance, then the County Council may decide not to proceed with the order making procedures.

5. A BRIEF OUTLINE OF THE CRITERIA AGAINST WHICH A PROPOSAL WILL BE ASSESSED

5.1 With the exception of certain types of order listed below, for which specific criteria apply, the following criteria will be used to decide whether a diversion application should be accepted.

5.2 Exceptions:

- Path Orders for crime prevention and school security.
- Path Orders in connection with Sites of Special Scientific Interest.
- Path Orders in connection with dangerous works.

5.3 Decisions on processing applications for diversions will take account of the following factors affecting the public's enjoyment of the path.

 

6. WHAT TO DO NEXT

6.1 If you wish to discuss any of the above matters, or would like more information please telephone Lancashire County Council's Countryside Service and ask to speak to the PROW Diversions Officer.

Telephone number 01772 534709.

6.2 If you wish to make an application to divert a public right of way please write to the following address marking your letter for the attention of the Public Rights of Way Diversions Officer.

The Environment Director
Lancashire County Council
Environment Directorate
PO Box 9
Guild House
Cross Street
Preston
PR1 8RD