Permanent diversions and extinguishments

Permanent changes to public paths may be made using a Public Path Order made under the Highways Act or The Town and Country Planning Act. Highways Act orders are concerned with matters of landowner choice and Planning Act orders relate to planning applications.

Diverting or Extinguishing a Public Path under the Highways Act 1980

Essex County Council has the power to make Public Path Diversion Orders under the Highways Act 1980 that meet the criteria of Sections 119 (Diversions) and 118 (Extinguishments). 

Section 119 makes provision for the diversion of footpaths, bridleways, and restricted byways (excluding byways open to all traffic) where the proposed diversion is in the interests of the owner, occupier, or lessee of the land over which the existing and proposed routes are aligned, with or without an interest to the public at large.

Section 118 makes provision for the extinguishment of footpaths, bridleways, and restricted byways (excluding byways open to all traffic) where it can be demonstrated that the route is not needed for public use. Obstructions such as fences, rubble, or buildings are not considered to be sufficient evidence to claim that there is no public need of the route.

If you wish to make an Application to the County Council under the Highways Act, please use the respective Form available in the below Documents list at the foot of this page depending on your proposals.

The current approximate waiting time for Public Path Order applications to be allocated and begin the Order making process is two years. We will update this timeframe information to reflect any changes, as required.

Diverting or Extinguishing a Public Path under the Town & Country Planning Act 1990

The County Council also make Orders to modify the routes of Public Paths under Section 257 of the Town and Country Planning Act 1990 where a planning application directly affects a Public Right of Way, ONLY when we are the Planning Authority which usually relates to mineral workings and public developments such as schools. Please note that such an Order cannot be made retrospectively and must be in place before development works begin.

Please use the Application for public path changes - Town & Country Planning Act 1990  below only when ECC are the Planning Authority.

For other developments where the application has been made to The Local Planning Authority you should apply directly to that authority should you wish to modify the route of a Public Path affected by development. The County Council does undertake this work for some Local Authorities, but you should apply to the LPA in the first instance as they will need to formerly instruct the County Council to administer the legal procedure at their request, they ultimately remain the Order Making Authority.

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