Rights of Way Affected by a Planning Application
The two pieces of legislation commonly made to divert rights of way are:
Highways Act 1980 Section 119 (For rights of way not affected by a planning application)
- before making an order the authority must be satisfied that it is expedient to divert the rights of way in the interests of either the public or the owner, lessee or occupier of the land crossed by the right of way
- the authority must also be satisfied that the diversion order does not alter any point of termination of the path other than to another point on the same path or another highway connected with it and which is substantially as convenient.
Town and Country Planning Act 1990 (Section 257) [for rights of way affected by planning applications]
- under the Town and Country Planning Act a diversion order can be made by the planning authority that granted the planning permission or which in normal circumstances would have granted planning permission.
- before making an order the planning authority must be satisfied that it is necessary to do so to enable the development to be carried out in accordance with the planning permission that has been granted.
- a diversion order cannot be made or confirmed if the development has already been completed or is substantially completed, in such cases an order can be made under the appropriate section of the Highways Act 1980.