Rights of Way Affected by a Planning Application

To tell us of a planned change to a Right of Way use the Right of Way Modification Order form. 

Planning Applications 

• We expect applicants to initiate discussions about any proposals included in their planning application that may affect any rights of way at the earliest opportunity.

• We will not consider a right of way diversion order application at the time of an outline planning application.

• We will only consider a right of way diversion application affected by planning application at the detailed stage.

• We will not normally deal with an application for a diversion order if an existing right of way affected by a planning application has been obstructed.
• We will ensure that the applicants whose proposals may affect a right of way are made aware of the situation at the time of the planning application. 

At the planning application stage we will:

• check every planning application it receives against the definitive right of way records held by the Council.

• publicise any planning applications affecting a right of way.

At the planning application stage you will:

• ensure that you have checked whether or not a right of way is within the land included in the planning application.
• consider not only the affect of any proposed new dwellings but also the impact of any extensions, new access points, drives, services and changes to the curtilage will have on the rights of way network.
• discuss the likely impact of any proposals included in the planning application on the rights of way network with the planning department at the earliest opportunity.

The responsibility is on the owner/developer of land to ensure that all rights of way have been correctly identified, kept available for safe and convenient public use and if required to be altered, are altered by means of the appropriate formal procedure.

The granting of planning permission does not in itself authorise the diversion or the stopping up of any right of way, which must be the subject of a separate application as outlined in this document.

Legislation

Town and Country Planning Act 1990 (Section 257) [for rights of way affected by planning applications]

• under the Town and Country Planning Act a diversion order can be made by the planning authority that granted the planning permission or which in normal circumstances would have granted planning permission.

• before making an order the planning authority must be satisfied that it is necessary to do so to enable the development to be carried out in accordance with the planning permission that has been granted.

• a diversion order cannot be made or confirmed if the development has already been completed or is substantially completed, in such cases an order can be made under the appropriate section of the Highways Act 1980.