We will safeguard existing rights of way wherever possible
We consider the effect of a development on a public right of way is a material planning consideration and all effort must be made to retain them on their current line.
If a proposed development necessitates a footpath diversion and the circumstances are sufficiently exceptional to merit planning approval being given despite this, we may be prepared to accept a diversion application.
Application, fees and supporting information
To apply for a diversion, or to 'stop-up' a public right of way please complete the online application form.
Apply to divert or stop up a public right of way
Fees and refunds
Fees associated with this application
- £3600 - Order for single route validated, processed, made, no objections received, confirmed (This is the initial application fee required from each applicant and processed with this online application)
- £600 - For each additional order required as part of the application scheme. Only applies where the diversion routes are on a connected network (processed separately)
- £600 - For second and each subsequent path in a single order (processed separately)
- Publishing of statutory newspaper advertisements - recharged to applicant at cost (you are required to confirm in writing whom these fees will be paid by). This charge will be notified to you once a Notice of the Order is published)
Refunds associated with this application
- Refund £400 - Application validated and accepted but withdrawn by applicant before making of order(s)
- Refund £200 - Order(s) made. Withdrawn by applicant before confirmation
- Additional £200 - Order(s) made and objected to. Submitted to Secretary of State (Planning Inspectorate) for determination
Supporting documents
As is specified in the application form, please ensure that the following documents are submitted with the form:
- A Map which should be at a scale of 1:2500 or 1:1250. A current edition of an Ordnance Survey sheet should be used as the base. The scale, sheet numbers, grid lines and north point should all be clearly marked. The proposed development and all adjoining development should be clearly shown with the boundary outlined in red. You must include the line of the existing legal alignment and the proposed diversion route.
- The rights of way to be stopped up should be represented by solid black lines, substitute paths should be represented by interrupted black lines.
Justification statement
The council requires you to submit a justification statement with your application. This statement must outline in detail why the diversion is considered necessary and it must show that all reasonable steps have been undertaken to try and retain the right of way on its existing path. This statement is essential to avoid any objection to the proposed Order being made. We need to satisfy members of the public that the diversion is necessary and that the proposed diversion route will not substantially inconvenience the user.
Incomplete applications will not be accepted or registered until all of the documents listed above have been received.
S257 Town and Country Planning Act 1990
Orders undertaken by this authority are usually made under s257 of the Town and Country Planning Act 1990 (TCPA’90). Under this legislation it is only possible to make an Order for the purpose of enabling approved development. The crucial test to be considered for TCPA’90 is whether or not the completed development will physically obstruct the line of the footpath and to be absolutely clear by this we mean by the actual development of buildings/houses or warehouse units over the existing line of the right of way. A garden, private driveway or patio area is not deemed a physical obstruction and an application under s257 of the TCPA’90 in these instances would not be accepted for processing.
Occasionally, the authority may be required to make an Order under s119 of the Highways Act 1980 in the interests of the owner where a diversion is connected to a planning application and the requisite legal tests for making an Order under s257 are not met and provided that approval has been given by the Highways Authority. You should, however, contact the Highways Authority in the first instance to seek their assistance and guidance to ascertain whether this would apply.
Land ownership
Anyone may apply to the district council for a diversion on their land, provided that the diversion is necessary and its purpose is to enable development. If the applicant does not own the land the written consent of the land owners must be obtained and proof of it must accompany this application.
Adopted footways/highways
We do not have responsibility for dealing with the diversion or stopping up of adopted footways. This responsibility falls to the Secretary of State - more information and guidance can be found on the Planning Portal.
All Applications of this type need to be submitted to the National Transport Casework Team.
Temporary diversions, maintenance and protection
Oxfordshire County Council highways has responsibility for the protection and maintenance of public rights of way (PROW) and their TTRO team has the authority to grant temporary footpath closures.
Information and advice
No authority for the stopping up or diversion of a footpath or bridleway is conferred unless and until the Public Path Order has been made and confirmed and notice of its making and confirmation has been published.
Any obstruction of or interference with the footpath or bridleway prior to the confirmation of an Order to stop up or divert it is a criminal offence and may also make it impossible to proceed with the making of the Order.
For further information or advice please email prow@cherwell-dc.gov.uk.