Contents
- Changing Rights of Way
- Public Path Orders
- Diverting a Right of Way
- Extinguishing a Right of Way
- Creating a Right of Way through a Creation Agreement
- Creating a Right of Way through a Creation Order
- Town and Country Planning Act
- Temporary Changes to a Right of Way
- Public Path Order Consultations
- Public Path Order Decisions
Changing Rights of Way
Public rights of way can be diverted, extinguished, or created through Public Path Orders (PPOs). These orders follow the Highways Act 1980 or the Town and Country Planning Act 1990.
The Council has the power to make PPOs but is not required to do so. An order will only be made if it meets legal tests and is in the public interest or benefits the landowner, lessee, or occupier. PPOs are made under Sections 26, 118, or 119 of the Highways Act 1980.
Under Section 257 of the Town and Country Planning Act 1990, a PPO can also allow development when planning permission has been granted.
If a path has been used without interruption for 20 years or more, a member of the public can apply for a Modification Order. This updates the Definitive Map and Statement. It can also change the status of an existing path. For more details, see Definitive Map Modification Orders.
If you would like to make a PPO application please see the PPO application pack below which provides advice on how to make an application to create, divert or extinguish a right of way. It also includes important guidance and copies of all the required application forms.
Before making an application we recommend that you speak to an officer in the Public Rights of Way Team. Contact details are below. Once any paperwork has been completed, please post the completed documents to:
Assistant Public Rights of Way Officer
Public Rights of Way Team
PO Box 676,
Threemilestone,
Truro, TR1 9EQ
The Council charges a fee for processing a PPO. Applicants pay in stages, even if the order is not made, confirmed, or certified. The minimum fee is £3,500 plus advertising costs. See the PPO Fee Table in the below pack for a full breakdown.
See the PPO Priority Policy for details on how the Council prioritises applications.
Public Path Orders
Anyone can propose a change to a public right of way. Requests are mostly from landowners or developers, but the public will have the opportunity to comment. The public is informed of all proposals and can share their views before a decision is made.
Diverting a Right of Way (Highways Act 1980 Section 119)
A Public Path Diversion Order allows landowners or the public to divert a:
- Footpath
- Bridleway
- Restricted byway
These orders are made under Section 119 of the Highways Act 1980. However, diverting a Byway Open to All Traffic requires a Magistrate’s Court order under Section 116. Further information about stopping up and/or diverting a vehicular highway can be found via Highway and Infrastructure Adoptions.
Before making an order, the Council must confirm the diversion is in the public interest or benefits the landowner, lessee, or occupier.
The new path must also meet the following legal tests:
- It cannot move the end of the path unless it connects to the same path or another highway.
- It cannot end in a place that is not a highway, like a cul-de-sac.
- The new path must not be significantly less convenient.
- The diversion must not affect public enjoyment.
- The Council must consider the impact on land served by the path.
Extinguishing a Right of Way (Highways Act 1980 Section 118)
A Public Path Extinguishment Order can be used to stop up a public right of way under Section 118.
Before making an order, it must be shown that the path is no longer needed for public use. A path is not automatically unnecessary just because it is rarely used.
Before confirming an order, the Council or Secretary of State will assess:
- How often the path is used.
- The impact of closure on landowners and the public.
- Whether temporary conditions, like flooding, have reduced use.
The Council rarely accepts applications to extinguish paths. These often attract objections and are unlikely to succeed
Creating a Right of Way through a Creation Agreement (Highways Act 1980 Section 25)
Only the landowner can enter into a legal agreement with the Council to create a public footpath, bridleway, or restricted byway by express dedication. Once created, the path becomes publicly maintained. The Council may waive or reduce fees if the path benefits the public network. In some cases it can used instead of a Definitive Map Modification Order.
Creating a Right of Way through a Creation Order (Highways Act 1980 Section 26)
The Council can create a new public right of way if there is a clear need under Section 26. Before making an order, the Council must ensure the path:
- Benefits a large section of the public or local residents.
- Does not negatively impact landowners' rights.
Town and Country Planning Act 1990 Section 257
A public right of way can be diverted or extinguished if it is necessary for development under Section 257. Before applying for planning permission, an applicant needs to check if a public path is affected. It might help to contact the Public Rights of Way Team immediately. Granting planning permission does not allow a developer to close, obstruct, interfere with or move a public right of way. The path must remain open until all legal processes are complete including during construction. If a path must be diverted or closed, the developer must prove this is necessary. Development plans should consider rights of way early in the process.
Temporary Changes to a Right of Way
The Highway Authority can remove obstructions on a public right of way and recover costs from the landowner. A landowner may apply for a Traffic Regulation Order (TRO) under the Road Traffic Regulation Act 1984. This allows a path to be closed or diverted for up to six months during development. To apply, you must give three months’ written notice and expect to pay a fee. Please write to:
Streetworks
Cornwall Council
Western Group Centre
Radnor Road
Redruth, TR16 5EH
Or call: 0300 1234 222
Public Path Order Consultations
See current Public Path Order Consultations to submit comments or responses.
Public Path Order Decisions
To view PPO reports, appendices, and sign-off forms, please visit the Public Path Order Decision.
Privacy Notice
Please read the Public Path Order Application Privacy Notice.