Documents for a scheme affecting a public right of way
A path on the definitive map needs its own legal order before you build across it. Here are the two document bundles, the tests each one meets, and the timescales.
Planning permission does not authorise you to obstruct a public right of way. If a footpath, bridleway or byway crosses the site, you need a separate legal order to divert or extinguish it, and until that order is confirmed the path stays where the definitive map says it is. The public right of way development documents you need therefore split into two bundles: the planning application, and the order application under highways legislation.
Building over an unresolved path is a criminal offence under the Highways Act 1980, and it is one that parish councils and user groups report quickly.
Checking the definitive map before design
The definitive map and statement, maintained by the surveying authority under the Wildlife and Countryside Act 1981, is the legal record of public rights of way. Check it before the layout is drawn, not after.
Two points catch people out. The map records the legal line, which can differ from the path people actually walk, and a route walked for years without objection may be subject to an unrecorded claim. Ask the rights of way officer for the definitive map extract and the statement, and ask whether any modification order applications affect the site.
Where a path crosses the site on a line nobody has used for decades, you still have to deal with it legally. The overgrown hedge line on the map is the one that matters.
Claimed routes are the other trap. Where members of the public have used a way without interruption for twenty years, an application can be made to add it to the map, and a live application over your site will surface during the consultation on your planning application. Landowners can protect their position by depositing a statement and map with the authority under the Highways Act 1980.
Why permission does not authorise obstruction
A planning permission authorises development. It does not stop up, divert or extinguish a highway, and nothing in the decision notice changes the position on the ground.
That is why experienced officers attach a condition preventing development that would obstruct the route until the relevant order has been confirmed and brought into effect. Treat that condition as a programme item rather than a formality, because the order process runs to its own timetable and can take many months.
Obstructing a right of way without authority exposes you to prosecution, to a notice requiring removal of the obstruction, and to the practical problem of a site that cannot be fenced.
Diversion and stopping up orders
Two routes exist, and the choice depends on why the change is needed.
An order under section 257 of the Town and Country Planning Act 1990 is made by the local planning authority where it is necessary to divert or stop up a path to enable development authorised by a planning permission. This is the usual route for a development site, and the order cannot take effect until the permission exists.
Orders under the Highways Act 1980 serve different purposes: diversion in the interests of the owner, occupier or the public, or extinguishment where a path is not needed for public use. These do not depend on a planning permission and are decided on their own statutory tests.
Applications go to the authority with a plan showing the existing and proposed routes, and most authorities charge a fee covering advertising, officer time and the cost of any inquiry.
Costs vary between authorities, and some require an undertaking to meet the cost of an inquiry if one is held. Ask for the fee schedule and the undertaking wording before you commit to a route that will be opposed.
Evidence the order process requires
The order application is a different exercise from the planning submission, and the tests are not the same.
What the authority expects: a plan at a legible scale showing the existing route by reference to the definitive map and the proposed route with widths and surfacing, a statement of why the order is necessary, evidence that the new route is convenient for users, details of gates, stiles, structures and any changes to gradients, and confirmation of who will maintain the new route.
Convenience for users is the point most applications skimp on. A diversion that trebles the length of a walk, routes people along a road, or replaces a level field path with steps will attract objections from user groups who know the statutory tests better than most applicants.
Set the diverted route out in the planning statement as well, so the planning officer can see the two applications match.
Timescales and objections
The order is made, then advertised on site and in a local newspaper, and notices are served on the statutory consultees, which include the national user organisations and the parish council.
There is then an objection period, commonly 28 days. If no objections are made, or they are withdrawn, the authority can confirm the order itself. If objections stand, the order goes to the Secretary of State and is determined through written representations, a hearing or an inquiry.
That referral is the risk to the programme. An unopposed order can be confirmed in a few months; a contested one adds a determination process with its own timetable. Engage with the parish council and local user groups before the order is advertised, because an objection withdrawn is worth far more than an objection answered.
Statutory user organisations will comment on the substance rather than the principle. A diversion that keeps the route on a soft surface, away from vehicles and roughly the same length is rarely opposed for its own sake.
Temporary closures during construction
Where the path stays but cannot safely remain open during works, a temporary traffic regulation order closes it for a defined period, usually with a signed alternative route.
Apply early, because these have their own notice requirements, and do not assume a temporary closure can substitute for a permanent order. It cannot, and using repeated temporary closures to keep a path shut while a development is built is exactly the pattern that attracts complaints.
Cover the arrangements in the construction traffic management plan: the closure period, the alternative route, signage, fencing and how pedestrians are kept clear of plant.
Conditions tying development to the order
Expect a condition along these lines: no development that obstructs the route until the order has been confirmed and the alternative route is available for public use, laid out to an approved specification.
Read the specification requirement carefully. A diverted path may need a bound surface, a drainage solution, lighting where it runs between buildings, and a width that reflects its status, and those costs sit with the developer.
Where the path is being brought into a residential layout, design it as a route people will want to use. A footpath squeezed between rear fences with no natural surveillance becomes a policing problem and, in time, an application to divert it again. Our note on which reports a 12 flat brownfield scheme needs covers the wider document set for a site of that scale.
Browse all 66 report types and draft the supporting documents on PlanScope before you submit either application.
This is general guidance, not legal advice; check the position with your local planning authority, the rights of way team or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Does planning permission let me close a footpath?
No. A permission authorises development; it does not stop up, divert or extinguish a highway. A separate order is needed, and obstructing the route before it is confirmed is an offence under the Highways Act 1980. Most authorities attach a condition preventing obstruction until the order takes effect.
Which order applies to a development site?
Usually an order under section 257 of the Town and Country Planning Act 1990, made by the local planning authority where diversion or stopping up is necessary to enable development authorised by a planning permission. Highways Act orders serve different purposes and are decided on their own statutory tests without reference to a permission.
How long does a diversion order take?
An unopposed order can be confirmed by the authority within a few months of being made. If objections are maintained, the order is referred to the Secretary of State and determined by written representations, a hearing or an inquiry, which adds a further process with its own timetable. Engage objectors early.
What makes a diverted route acceptable?
Convenience for users is the test that matters. A route of similar length and character, with appropriate width, surfacing, gradients and no unnecessary structures, will attract fewer objections. Diversions that lengthen a walk substantially, route users along a road, or introduce steps where the path was level are commonly opposed.
Can I use temporary closures while I build?
A temporary traffic regulation order can close a path for a defined period during works, with a signed alternative route. It has its own notice requirements and cannot substitute for a permanent order. Repeated temporary closures used to keep a path shut through construction attract complaints and enforcement attention.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.