Public rights of way can be diverted (or in some circumstances extinguished or created) by a public path order either in the interests of the land owner or occupier or in the interests of the public. Applications can be made to the public path order officer on 01772 532459 or by email via prowreports@lancashire.gov.uk with "Public path order" as the subject.
The current cost of a diversion application is likely to be £2000-£3000 (but might be substantially higher) in addition to the cost of providing the new route to the satisfaction of the county council. The diversion procedure takes a minimum of eight months to process if it is highest priority but generally longer. In the event that there are objections to the proposal, it will take longer and there is no guarantee of a successful outcome. In addition, as we are currently dealing with a large number of applications it is possible that it would take some months before the procedure could commence.
Furthermore, there is provision in the Highways Act 1980 Section 28, for the payment of compensation to anyone who is able to show that the value of his interest in land has depreciated, or that he has suffered damage by being disturbed in his enjoyment of land. You are advised that before a diversion order is made, the applicant is required to agree to defray any compensation that may become payable as a consequence a diversion order.
We will require the following information:
This information will form the basis of the application for a diversion order and must be in writing.
Tel: 01772 533722
Email: prow@lancashire.gov.uk
Public Rights of Way,
Lancashire County Council,
County Hall,
Preston
PR1 0LD
More guidance available from the Institute of Public Rights of Way Management at http://www.iprow.co.uk
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