Highways Act 1980, Section 118 - Extinguishment of a public right of way

An application to extinguish a public right of way can only be considered where it can be clearly demonstrated that it is expedient to do so on the grounds that the route is no longer needed for public use.

Except in the most exceptional of circumstances the Council would only consider making an application to extinguish a public right of way where it could be demonstrated that:

  • the applicant intends to provide a new right of way that would make the existing right of way redundant
  • an alternative right of way already exists that makes the use of the application route redundant.

How to Apply:

An application can be made by submitting the S118 application form and a scale 1:2500 map. Download the S118 application form to apply.

Copies of maps can be obtained by contacting 01952 384555. A small fee is payable. Details are available upon request.

Please view the information in the sections below to help make the application process quicker.

This information will be needed for all applications:

  • details of the individual/s making the application
  • landowner details (land owned by a business should be completed in the name of the company secretary or a partner)
  • written authority from the applicant confirming that they have instructed the agent making the application on their behalf
  • you will need to provide the reason that you have applied to the Council to make the order on the application form. This has to show how it is in the interest of the owner or occupier of the land, or of the public
  • applicants who do not have sole interest in the land will need details of any other person who has an interest in the land that the new or existing route passes through and written consent from every person who has an interest in the land over which the new or existing route passes.

On the application form, Section 4, please provide a description of the existing Definitive Map route that you are applying to extinguish up using the guidance below:

  • refer to each section by letter (A-B, C-D etc.). Add the letters to the application map
  • describe each section of the route (e.g. along field edge, following river bank)
  • provide widths for each section of the route, if you do not know the width of any part of the route put “Unknown"
  • include details of any limitations on the public’s right of way along the route, such as gates and stiles, and of any structures, such as bridges which exist on it
  • please supply details of the rights of any Statutory Undertakers (such as electricity, gas and communication suppliers) along each section of the route
  • for an order extinguishing a public right of way under the Highways Act 1980, S118 the Council must be satisfied that there is a good reason for closing the path, and satisfied that it is not needed for public use and not likely to be used. This needs to be completed in Section 6.

  • The application map must accurately show the definitive route of the right of way to which the application relates using a black continuous line.
  • The map should also contain sufficient and accurate detail to show the effect of the extinguishment on any highways or right of way connected.

Last updated: 09/03/2021 11:25

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