Public Rights of Way can only be diverted or closed for one of the following reasons:
- it’s necessary to allow development (if planning permission has been granted)
- if it can be deemed to be unnecessary highway
- the diversion benefits the landowner/occupier
- the diversion benefits the public
- the path is not used by the public (for closure only).
Anyone can apply to the Local Planning Authority (LPA) to add, remove or change a public right of way temporarily or permanently. If you want to make a permanent change you need to apply for a Public Path Diversion Order.
It is the Local Planning Authority that will make the final decision upon any amendment, after reviewing the evidence supporting the application. In a case where the application for removal comes through an owner with planning permission to develop the land, any objections are dealt with from the Secretary of State who has the power to approve or deny the change to the right of way.
