Planning Practice Note
Planning and Public Rights of Way
INTRODUCTION
The purpose of this Practice Note is to explain the LPA's role in dealing with proposals that affect public rights of way and any subsequent diversions or closures.
THE ROLE OF SHROPSHIRE COUNTY COUNCIL
Shropshire County Council is the Highway Authority (HA) for Shropshire outside the Telford & Wrekin Council area. As such, it is responsible for all highways (including footpaths and bridleways) in the South Shropshire area. Most enquiries about highways and public rights of way should be made to Shropshire County Council (01743 255051 or through their website
- Shropshire County Council Website - Highways (External link)
including the following:
- the Definitive Map of public rights of way;
- the review of the Definitive Map including the reclassification programme;
- obstructions to public rights of way, including bulls and ploughing;
- diversion and extinguishing of public rights of way under the Highways Act 1980;
- waymarking;
- traffic regulation orders;
- rail crossing orders.
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PUBLIC AND PRIVATE RIGHTS OF WAY
A right of way may be:
- a public right of way:
- with vehicles (a road or a byway open to all traffic [BOAT]);
- on horseback, bicycle or on foot (a bridleway);
- on foot (a footpath).
- a private right of way (with or without vehicles) as specified in a deed or other legal agreement.
Public and private rights of way can co-exist. For example, a public right of way on foot may also be a private right of way with vehicles.
The creation, extinguishing or diversion of a public right of way has no effect on a private right of way and vice versa.
PLANNING APPLICATIONS AFFECTING PUBLIC RIGHTS OF WAY
The impact of a proposal on a public right of way is a material consideration when a planning application is being decided. The LPA may consider whether:
- the proposal would require a public right of way to be extinguished or diverted;
- the necessary diversion is an acceptable alternative to the existing route, bearing in mind the convenience of people using it;
- the proposal would affect the setting or amenity of a public right of way.
PLANNING APPLICATION PROCEDURE
The planning application form asks applicants to state whether there is a public right of way across the site. In addition, the LPA checks the site plan of every planning application against its copy of the Definitive Map to see whether the proposal may affect a public right of way.
Where there is a public right of way on, or near the site, the LPA:
- advertises the application in the Saturday edition of the Shropshire Star;
- consults the Shropshire County Council Countryside Service;
- places a site notice on or near the site of the proposal.
If a public right of way is affected by the proposal, the LPA will:
- take into account the views of:
- the Shropshire County Council Countryside Service;
- the Town or Parish Council;
- the Ramblers Association or other interest group;
- representations from the public;
- will seek to have any effect on the public right of way minimised;
- may require amendments to plans to achieve this;
- may refuse planning permission if a satisfactory or convenient diversion (or alternative public right of way) cannot be found.
DIVERSIONS OF PUBLIC RIGHTS OF WAY FOLLOWING PLANNING PERMISSION
Planning permission does not give the right to block or divert a public right of way. A separate application to extinguish or divert the right of way must be made under section 257 of the Town and Country Planning Act 1990.
Applications must be made to South Shropshire District Council, Stone House, Corve Street, Ludlow, Shropshire SY8 1DG.
If you have received planning permission that affects a public right of way you must not;
- block the line of the right of way at any time unless an order under section 257 has been made and confirmed;
- assume that, because planning permission has been granted, an order will invariably be made or confirmed.
It is the applicant's responsibility to obtain the necessary consents. If a development is started and a diversion or stopping up order has not been made:
- diversion or stopping up under section 257 of the Planning Act cannot be made, because this provision can only be used before development is started;
- a diversion or stopping up under the more complicated and demanding provisions of section 119 of the Highways Act 1980 must be made instead;
- the development may be incapable of completion.
If you need to stop up or divert a public right of way to carry out your development you are strongly advised to complete the process before starting work on the scheme, otherwise you may commit a criminal offence punishable in the Magistrates Court.
For information on Section 257 orders, please contact the Council's Administration and Legal Services Department (01584 813266).
ENFORCEMENT
Generally speaking, the LPA is not able to take enforcement action over unauthorised blockings or diversions of public rights of way. It does not have any general powers in this respect. The enforcing authority is Shropshire County Council as highway authority.
The only cases in which the LPA can take action are those in which the blocking of the public right of way results from a breach of the planning permission, either:
- the permission has not been carried out in accordance with the approved plans;
- a condition of the planning permission has not been complied with.
In such cases the LPA's enforcement action will be against the breach of planning control and not against the blocking of the public right of way. But the effect of the action may result in the removal of the blockage.
Neither the Council nor Shropshire County Council can take action over blocked or disputed private rights of way. Anyone affected in this way should consult a solicitor.
CONTACTS
For further information, please contact Planning Support Tel: (01584) 813000
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 13/2/2007.
