Information that developers need to know if they are carrying out work affecting a public right of way.
Developers need to take public rights of way into account when submitting planning applications.
If you are not sure if there is a right of way within the development boundary, you can check the location and status of rights of way through a land charges search or using our online map of public rights of way.
Rights of way may be temporarily or permanently affected by development.
It is an offence to disturb or obstruct a right of way. If you need to disturb or obstruct a right of way temporarily during works, you need to get permission from us by applying for a temporary closure order. You can find out more in our temporary closure guidance notes.
If a right of way will be affected permanently, for example by a housing development or extending a domestic property, it may be diverted by a legal order under the Town and Country Planning Act 1990.
A route can also be extinguished in rare cases but we generally expect you to accommodate the right of way within your plans.
If a development affects a right of way, you must make sure this is considered within your planning application. You can also contact us by email at paths@northyorks.gov.uk to discuss your proposals. If the changes you want to propose are significant, it can also be worth discussing them with landowners and the community.
This guidance is intended to advise you on what you need to consider before you make an application for a diversion or extinguishment order under the Town and Country Planning Act 1909.
Planning permission does not entitle you to obstruct a public right of way. You cannot assume that an order for diversion or extinguishment will invariably be made or confirmed because you have been granted planning permission. You must not start development that affects a public right of way until the necessary order has come into effect and the right of way must be kept open for public use.
If a development is "substantially complete," you cannot use the Town and Country Planning Act 1990 to divert a path. You must make an application for a diversion under the Highways Act 1980 instead. Find out more in our public path diversion orders notes for landowners.
It is very important to select a suitable new route as getting it right at this stage will reduce the likelihood of objections being made during the order making process.
Your proposal for a new route should:
The diversion process is public and so our procedures are designed to make sure the public have the opportunity to comment on proposals both during the informal consultation stage and again when the order is advertised.
Wherever possible, new lines for rights of way should:
You should not use estate roads and footways to provide a new line for an existing right of way unless there is no other option.
How wide a footpath or bridleway must be depends if it is going to be enclosed by a fence or hedges.
If it will not be enclosed by a fence, the minimum width is:
If it will be enclosed by a fence, the minimum width is:
If a route will be enclosed by hedges, you need an extra metre from the edge of the path to the root of the new hedge.
The proposed route should be as direct as possible and not add significant distance to the overall length of the route.
Try to choose a route that offers views as good as, or better, than the existing route.
The surface of the new route must be able to withstand the expected use. It should be firm, dry and even.
We will not accept soft, wet or boggy ground or difficult terrain.
Consider the safety of people using the path and try to minimise risks for them. For example, if the new route is shared with vehicles, will there be blind spots or hazardous junctions on the route?
Barbed wire or electric fencing next to any route is not acceptable unless it is completely shielded from path users.
You may want to divert a public right of way away from a dwelling onto the property boundary to improve your privacy or security. Make sure you consider the effect on any neighbours as they may have concerns if the public are diverted onto the edge of your land.
Before making and confirming an unopposed order, we must be satisfied that either:
If an order is opposed and submitted to the planning inspectorate for consideration, they will only be able to confirm or refuse an order once planning permission has been granted.
The inspector will not consider the need for the development. However, they should consider the overall public interest in diverting or extinguishing a right of way and how it will affect those concerned.
We will ask you for a plan showing the area and boundaries of your land. It is your responsibility to make sure information about land ownership and any boundaries crossed by the proposed diversion is correct. Land and boundary disputes are a private matter and we cannot become involved.
If you need to install any gates or stiles or create gaps on the proposed diversion route, this must be either:
You must give us a copy of your neighbour's written permission with your application.
We recommend you make sure there will not be any disputes or objections about land ownership or boundaries from our neighbours before you submit an application.
You must also give us the names and addresses of all landowners who have property on the rest of the public right of way and any other parties who have interest in the same land. For example, tenants, commoners or those with shooting or fishing rights.
If you are proposing diverting a public path onto a neighbour's land, we will need written permission from your neighbour before we proceed with the application.
If your proposed diversion route crosses an existing hedge, you must check if it is protected under the Hedgerow Regulations 1997. You must either check with us or the National Park Authority if the property is within a national park. You can find more guidance on hedgerow regulation on the government website.
If this applies, you must send us a signed declaration that you have the appropriate authority to remove the necessary section of hedge with your diversion application.
If you own land adjoining, above or with a watercourse running through it, you have certain rights and responsibilities. You can find guidance on owning a watercourse on the government website.
If your proposed diversion operates in, over, under or near an ordinary watercourse, you may need a land drainage consent from us.
An ordinary watercourse is every river, stream, ditch, drain, cut, dyke, sluice, sewer (other than a public sewer) and passage that water flows through and does not form part of a main river.
Relevant activities might include:
Note that this will be considered separately to the planning process.
The Environment Agency is responsible for consents relating to main rivers and internal drainage boards are responsible for consents in the administrative boundaries.
When you make a diversion application, you must include a signed declaration that you have the relevant consent for the proposed works.
The diversion order process involves several stages with different costs which may not all be necessary, so we cannot give a total cost for your application at the start.
We also do not control the costs for necessary advertisements because these vary between local newspapers published across the county.
You can find charges for the different stages of the process in our schedule of charges. These are subject to annual review and may increase annually. Under current legislation, advertising the sealed order and confirmed order stages is not optional.
The stages include:
We will send you an invoice for costs at the end of certain stages. Find out more in our schedule of charges.
If you do not pay the invoices, this may prevent us moving on to the next stage.
Note that costs are not refundable after any stage whether or not the order is successful. We make the charges to recover costs we have already incurred.
You are responsible for the costs of creating the new route. This typically includes:
You must agree specifications with the diversion officer before doing any work.
Gates and stiles are only allowed if their purpose is to control livestock - sheep, cattle, pigs and horses.
Gaps, gates and stiles must also conform to British Standard 5709:2018. You can find out more on the British Standards Institution website.
If you cannot do the necessary works, you must agree to pay in advance for us to carry out the work on your behalf.
We are responsible for installing waymarking and signposting and will do this work after the order is confirmed. We will charge you for any necessary waymarking and signposting.
We will make sure the new route is adequately waymarked and will install 'Route Diverted' signs at each end of the old route.
We hope to complete applications in five to six months. However, if there are objections at any stage, this will cause delays and can ultimately lead us to reject the application.
Unless we have granted a temporary closure order, the existing public right of way must remain open and available until a diversion order is confirmed and any necessary works on the new route are complete and certified where applicable.
There is no statutory duty to consult the relevant parish council or user groups before making a diversion order. However, the informal consultation is very valuable because it gives the opportunity to address potential concerns before the order is made.
If the proposed new route is available, representatives from user groups will likely want to inspect the route before making their comments and you should allow access for this purpose.
Before making an order, we must be confident that the proposed diversion satisfies the legal tests for both making and confirming an order. We must consider both the existing path and the proposed path.
If the proposal satisfies the legal tests for making an order and there are no objections at the informal consultation stage, we have the power to make an order.
If there are objections in response to the informal consultation, we will discuss with you if you want to continue with the diversion you have proposed or if you want to change the route or development. You can also liaise directly with the objectors to mitigate against a further charge.
If objections made to the informal consultation are not withdrawn, we will decide if we will make the order or not and tell you our decision.
When we make an order it will be sealed and signed by our legal service and become a legal document.
A public notice of the making of the order must be made and advertised in a local newspaper, and notices must also be posted on site at each end of the section of path to be diverted. The site notices remain in place for 28 days.
During the 28 days that the notices are posted, anyone can comment on or make objections to the order. To be valid, objections must be:
By law we can only confirm orders that have not been opposed. However, we can try to have objections withdrawn at a cost you can find in our schedule of charges. If this is not possible, we will decide whether to refer the order and the objections to the Secretary of State for confirmation. The Secretary of State usually appoints a planning inspector to determine whether to confirm an opposed order. This is done by either written representations, a formal hearing or a public inquiry.
We do not have a statutory duty to submit opposed public path diversion orders to the Secretary of State and may decide not to if we believe that an inspector would refuse to confirm the order. In these cases we will make a formal resolution not to proceed with the order and tell you and the other consultees in writing.
Once the order has been confirmed, public notice is given, the notice is advertised again in a local newspaper, and site notices are displayed.
The statutory period for notices after confirmation is 42 days or six weeks. During this time anyone can challenge the order in the High Court on the grounds that we have not followed the correct legal procedure. These challenges are extremely rare.
If new structures our works are required on the diverted route, the confirmed order will only take effect once the works have been certified. We will only issue the certificate when we are satisfied that the new route has been made up to a suitable standard and in accordance with the order. This includes any gates, bridges, surfacing or drainage works which must comply with the current British Standard.
We will install any waymarkings or signposting required once the works are complete.
We will do everything we can to minimise unnecessary costs and will advise you on your realistic chances of success. You should be aware that we will not refund any costs if your proposal is not successful.
Proposals can fail if: