Town and Country Planning Act 1990, Section 257 – diversion or extinguishment of a public right of way

An application may be made under the Town and Country Planning Act 1990, S257 to divert or stop up a footpath, bridleway or restricted byway to allow a development that has planning consent to take place. In making the application the applicant should be aware that the highway authority must take the following factors into account:

  • that it is necessary to divert or stop up the path in accordance with a planning permission granted by the local planning authority under Part III of the Act
  • the disadvantage or loss likely to arise as a result of the stopping up or diversion to members of the public generally, or to persons whose properties adjoin or are near the existing highway, weighed against the advantages of the proposed stopping up or diversion.
  • the need for an alternative highway to be provided
  • that the development affecting the route has not already been carried out
  • even where a proposed planning application has not yet been submitted to the planning authority, it is strongly recommended that to avoid delays, proposals for the right of way are discussed as soon as possible. This will allow any Order to be made as soon as possible after planning permission is granted and hence avoid delay to the applicant.

How to Apply:

An application can be made by submitting a S257 application form and a scale 1; 2500 map. 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.

Last updated: 12/12/2017 11:12

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