Can a landowner or developer close or alter the route of a right of way?
Yes, although they must follow the correct legal procedure. This procedure is set out by the Highways Act 1980 or Town and Country Planning Act 1990 and is known as a public path order. Any person wishing to close (extinguish) or alter (divert) a public right of way must apply to us to do so. We are under no obligation to accept an application and any accepted application will be subject to extensive public consultation. Anyone can object to a public path order and whilst we will attempt to remove objections, if any remain, the matter will be passed to the Secretary of State (or the Planning Inspectorate who may act on their behalf) for determination. This may result in a public inquiry. Should a landowner move a path or a developer build over one without following the proper process the right of way continues to exist along the line shown on the definitive map and we are obliged to ensure the path is open and available for public use.
