Request a change to a public path
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 landowner or occupier or in the interests of the public. Requests can be made to the public path order officer on 01772 530317 or by email via PROWdiversions@lancashire.gov.uk.
The current cost of processing a public path order 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 process 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 proposals 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 public path order is made, the person requesting it is required to agree to defray any compensation that may become payable as a consequence the order.
We will require the following information:
- A plan indicating the proposed existing and alternative routes
- Name, address and telephone number of the person requesting the order
- Name and address of all the owners, lessee and/or occupier of any land crossed by the existing public rights of way and the proposed alternative route
- The reasons as to why the proposal is considered to be in the interests of the owner/occupier of land crossed by the existing public right of way
- A description of any works that are proposed to provide the alternative route to a satisfactory standard
- Any information available as to how regularly the public right of way is used and the reason for the use of the path (i.e. where people would be walking to and from).
- Confirmation that the person requesting the order will bear the costs of the process (this includes statutory advertising, works required on the alternative route and an administrative charge)
- Confirmation that the person requesting the order will defray any compensation that may become payable as a consequence of this order, in accordance with Section 28 of the Highways Act 1980
This information will form the basis of the request for a public path order and must be in writing (which includes email).
Tel: 01772 530317
Lancashire County Council,
More guidance available from the Institute of Public Rights of Way Management at http://www.iprow.co.uk