Section 1 - Proposal
1. Insert the name(s) and address(es) of the individual(s) making the application. This would normally be the owner and/or the occupier of the land crossed by the affected route. Details of all the landowners/occupiers/ lessees should be given in Section 4 of the form. If the land is owned by a business the form should be completed in the name of the business by the Company Secretary or one of the partners. If the form is completed by an
agent, written authority to act on behalf of the applicant should accompany the application. If you are not the owner/ occupier/ lessee of the land crossed by the affected route, state in what capacity you are applying and why in Section 5 of the form.
2. The application must be accompanied by an A4 or A3 extract from the current Ordnance Survey map at a scale of 1:2500, accurately showing the
definitive route of the footpath/ bridleway to which the application relates (by a bold continuous line) and any proposed route (by a bold broken line). The
scale and orientation should be clearly shown as well as the grid reference to enable the public to identify rights of way concerned. The maps should also
contain sufficient detail to show the effect, not just on the path or way to be stopped up or diverted, but on those highways connected to it. Any other
adjoining public rights of way should also be accurately shown on the plan.
As many copies of this plan will be required, it is recommended that an electronic copy be provided to allow for easier and more accurate
reproduction.
The application should also be accompanied by copies of the plans submitted with your planning application, to which you should also accurately
add the definitive route of the existing footpath/bridleway and any proposed
route.
Section 2 - Development Information
3 Give details of the proposed development, including the planning application
reference number (XX/XXXX) if known.
4 Please note that the footpath/ bridleway should not be obstructed unless and until a Stopping up or Diversion Order has been confirmed and, if
appropriate, certified.
5 Please attach a copy of any relevant correspondence with the Highway
Authority.
Section 3 - Permission to Inspect Route
6. Please indicate whether you wish to meet representatives of the user groups (such as the Ramblers’ Association) who may wish to view the proposed route. If so, please provide a contact name and telephone number
Section 4 (Part A) - Description of Existing Footpath or Bridleway
7. Refer to each section by letter (A-B, C-D etc). Add the letters to the plan accompanying the application. Where there are no sections insert ‘Whole
Path’ in this column.
8. Describe each section of the route (eg along field edge, following river bank).
9. If you do not know the recorded definitive width of the route put ‘Unknown’.
10. Give details of any limitations on the public’s right of way along the route, such as gates and stiles, and of any structures, such as bridges which exist
on it. Indicate if any limitations have been authorised by the County Council.
11. Give details of the owner, occupier and lessee of the land crossed by each section of the route. You should supply written confirmation from all owners,
occupiers and lessees that they are in agreement with the proposal. The Council reserves the right to request proof of ownership in cases of dispute.
12. Give details of the rights of any Statutory Undertakers (such as electricity, gas and communication suppliers) along each section of the route.
Section 4 (Part B) - Description of Proposed Highway
13. Refer to each section by letter (W-X, Y-Z etc) and add the letters to the 1:2,500 Ordnance Survey map extract accompanying the application
14 Indicate if footpath, bridleway, road, or estate road. The use of roads and estate roads for alternative routes should be avoided wherever possible.
There is preference for alternative footpaths or bridleways to be provided which pass through landscaped or open space areas away from vehicular
traffic.
15. Describe each section of the route with reference to geographical features which will exist if the development is completed as proposed (eg within
eastern boundary of proposed public open space)
16. Minimum widths for proposed routes are 1.5 metres for a footpath and 3 metres for a bridleway. These widths apply when the existing route is not
already recorded at a greater width. If a greater width is recorded then you should propose a width at least the same as the existing, unless there is
good justification (such as a short section passing between two buildings) for less. Greater widths may also be appropriate if increased use of a route is
likely as a result of the development or if the route is fenced on both sides.
17. Give details of any limitations and structures you are proposing along the route, such as gates and bridges.
18. Give details of the owner, occupier and lessee of the land crossed by each section of the proposed route and indicate if ownership is likely to change
when the development is complete. You should supply written confirmation from all owners, occupiers and lessees that they are in agreement with the proposal. The Council reserves the right to request proof of ownership in cases of dispute.
19. Give details of the rights of any Statutory Undertakers (such as electricity, gas and communication suppliers) along each section of the proposed route.
Section 5 - Statement of Reasons
20. You should be aware that under S257 of the Town & Country Planning Act 1990 (“the Act”), the Council may make an order to stop up or divert a
footpath/bridleway only if it is satisfied:
a.) that it is necessary to do so to enable development to be carried out in accordance with planning permission granted by the Council under Part III of the Act
b.) with regard to the disadvantage or loss likely to arise as a result of the stopping up or diversion to members of the public generally, or to persons whose properties adjoin or are near the existing highway, weighed against the advantages of the proposed stopping up or diversion
c.) with regard to the need for an alternative highway to be provided
d.) that the development affecting the route has not already been carried out
State clearly the reasons for making the application, explaining how the reasons meet the above criteria.
You should give details of the effect of the development on the footpath/bridleway (eg refer to the number and location of the properties that would otherwise obstruct it).
Section 6 - Agreement
21 A site inspection may be held. You are therefore asked to agree that, in that eventuality, a group of Council officers and other interested parties may
inspect the proposed route(s) on a pre-arranged date.
22. For details of the charges payable refer to the "Charges for Public Path
Orders" section.
23. The Council will manage your application in accordance with the provisions of the Data Protection Act 1988, which controls the processing and disclosure of personal data, and the Freedom of Information Act 2000.
The form should be signed and dated by the individual(s) named in Section 1
