Footpath Diversion Orders
The Council processes applications to divert, extinguish and stop up footpaths and bridleways to allow development to proceed under the Town and Country Planning Act 1990.
The diversion request can be made at the same time as an application for planning permission however cannot be confirmed until the relevant planning permission is also approved. This process will take more than six months from the date of receipt.
The public still has the right to use the public right of way as long as it is not closed or diverted by law.
The applicant is responsible for all costs accumulated in the making of the order. These include; consultancy fees, advertisements and our own administration costs. Orders will range in price depending on site specifics or the complexity of each individual case. The minimal cost implications would be at least £2500.
How do I apply?
All applications need to be sent to RightsofWay@SouthSomerset.Gov.Uk
What happens after I apply?
Once the application has been received, there will be a preliminary consultation with various concerned parties; such as statutory undertakers, the highway authority, local district and parish councillors as well as various local societies and associations to see their views on the potential diversion.
If objections are raised, the rights of way team will attempt to resolve any objection before the making of an order. A notice of the making of the order will be published in the local press and notices will be placed on each end of the effected path. As well as all consultees notified of the making of the order.
Any objections have to be made within 28 days upon the publication of the making of the order. Once this period has elapsed, providing no objection has been raised, the council can then confirm the order. If any objections have been received, the council is unable to confirm the order and it must be decided by the Secretary of State. When the order has been confirmed, a further notice will be published in the local press and at each end of the effected path.
Claims for compensation