Public Rights of Way - Changes to the Network

 

The most common changes occur when development necessitates a closure or diversion or when it is in the interests of the landowner or the public. This can only come about by Legal Orders. The Council or a developer has no powers to stop-up or divert a way without advertising their intentions through a staged legal process. This allows for representations and objections. In the event of an outstanding objection, it must be sent to the Secretary of State, who may call a Public Inquiry.

 

Closure of footpaths, bridleways and restricted byways on crime grounds is now possible but this will be of last resort. The law requires properties adjoining or adjacent the highway must be affected by high levels of crime and the existence of the highway is facilitating the persistent commission of criminal offences. However, this is to be balanced against other important criteria, such as sustainability needs and the existence of a reasonably convenient alternative route.