Changing the definitive map by removing a path

Section 257 of the Town and Country Planning Act (TCPA) 1990

If the path is in the way of development for which you have planning consent you may apply to the planning authority (usually the District Council) that granted planning consent and ask them for an order under Section 257 of the Town and Country Planning Act (TCPA) 1990 to extinguish the path. The only reason for extinguishing a path under the TCPA is that it is necessary to do so in order to carry out the development. However, it cannot be done retrospectively. If you have gone ahead with your development without waiting for an Order to extinguish (or divert) the path, then the Town and Country Planning Act procedure cannot be used.

Section 118 of the Highways Act 1980

Where there are no planning issues (or you are too late with your application) then you can apply to the County Council for a public path extinguishment order under Section 118 of the Highways Act 1980 to extinguish (rather than just divert) a path. The legal requirement here is much higher than under the TCPA. You need to show that the path is not needed for public use. The Courts have found that where the public is using a path, even occasionally, then it is needed, and you will not get your Order.

Do not be tempted to block it off so people cannot use it and then apply - Section 118(6) says that any temporary circumstances preventing or diminishing use of the path by the public shall be disregarded. "Temporary circumstances" have been found by the Courts to include a building - the general rule is that if it can be cleared by a JCB, then it is temporary!

April 2012 charges

Please note administration charges for public path orders are currently under review. Application forms with the revised costs will be available shortly.

In addition to our administrative charges there are other costs that you will be required to pay for the advertising costs for dealing with the application - the legislation requires us to advertise the order in a local newspaper and then if the order is confirmed you must also pay the cost of advertising the confirmation (this may be in the region of £1,500 in total and varies with the newspaper and length of advert required)

We will not ask you to pay for the costs of the application in advance. Legal Services will send your first invoice after the order has been published - it will include the basic charge as agreed plus the cost of the first advertisement.

The legislation allows us to delay confirming the order or referring the order to the Secretary of State (if there are objections) until you pay the invoice.

If the order is confirmed and the Notice has been advertised in the local newspaper Legal Services will send you a second invoice for the advertising costs and any further charges (for negotiating the withdrawal of objections).

You may be entitled to a refund where we:

• Do not confirm an order where there are no objections
• Do not send the order to the Secretary of State for confirmation, where there are objections, without first obtaining your consent
• Make an invalid order

Please contact the rights of way team for more information.

• Rights of Way Officer (Public Path Orders/ GIS)
  Name: Carol Mckay
  Email: dorsetdirect@dorsetcc.gov.uk
  Tel: 01305 224463
  Full details for Carol Mckay