Rights of way and development

Rights of way can be diverted under the Town & Country Planning Act 1990, if they will be affected by development, such as a housing estate. If you are considering development that will affect a right of way, contact the relevant planning officer for advice. Housing and small developments are usually dealt with by district councils, while minerals and other larger developments are usually dealt with by our planning department.

The location and status of rights of way can be checked either through a land charges search or by making an appointment to see the definitive map at County Hall, Northallerton.

Developers must ensure that:

• routes are protected, or suitable alternatives provided, both during and after development
• the character of the route or its replacement must be protected, in terms of safety, directness, attractiveness and convenience
• new links into the network can also be provided to improve sustainable travel to, from and around the development

Guidance states that:

• planning permission does not mean that an order will automatically be made or confirmed, and that, even when planning permission has been granted and development has begun, affected rights of way should be kept open until an order has come into effect
• developers should not use footpaths, bridleways or restricted byways for vehicular access to the site
• development affecting a public right of way must be advertised in a local newspaper and by posting notices on site
• wherever possible, new lines for rights of way should pass through landscaped or open spaces away from traffic, and should be generally acceptable to the public. Estate roads and footways should not be used to provide a new line for an existing right of way unless there is no other option

If a development will affect a right of way, developers should contact the public rights of way team to discuss proposals. If the proposed changes are significant, it may also be worth discussing the matter with landowners and the community.

If a diversion or stopping up order is required, it will be dealt with by the relevant planning authority. It can take about six months to process if the order is straightforward. If there are objections, the process can take much longer and may be decided at a public inquiry. The developer will be charged for processing and advertising the order.

It is an offence to disturb or obstruct a right of way. If works need doing that will disturb or obstruct a right of way, permission must be obtained from us and an application made for a temporary closure order.

While rights of way should not be used for vehicular access to sites, there will be times where upgrading a private vehicular access along a right of way is necessary. To change the surface of a right of way, you need planning consent and authorisation from ourselves.