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Changing a Right of Way


Changes to public rights of way are possible.  Using powers under either the Highways Act 1980 or the Town and Country Planning Act 1990. The Definitive Map (the legal record of public rights of way) can also be changed using a Definitive Map Modification Order under the Wildlife and Countryside Act 1981.

The Council has (discretionary) powers to make a public path order under:

  • The Highways Act.  To divert, extinguish or create public paths providing certain tests are met. Private landowners/householders for example may wish to relocate a path that goes through their garden;
  • The Town and Country Planning Act.  To alter public paths to enable development following the granting of planning permission. Developers for example may wish to relocate paths that cross the development site.

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