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- Footpath Diversion Orders
Although footpath matters are usually dealt with by the Local Highways Authority (typically the County Council), District Councils have been granted powers under Section 257 of the Town and Country Planning Act 1990 (“the Act”) to make Orders for the diversion, extinguishment or stopping-up of footpaths, bridleways or restricted byways.
Broxtowe Borough Council (“the Council”) can only make an Order if it is satisfied that it is necessary to do so to enable development to be carried out in accordance with a planning permission that has been granted. This will not be the case if the development has already been carried out. The Council must also have regard to:
- the need for an alternative highway to be provided; and
- the disadvantage or loss likely to arise to members of the public generally, or to persons whose properties adjoin or are near the existing highway, as a result of the stopping up or diversion weighted against the advantages of the proposed stopping up or diversion.
If you wish to divert or extinguish a footpath following the granting of planning permission, you should apply to the Council using the accompanying application form. A footpath or bridleway can be diverted under the Act only if the development has full planning permission. Applications can be considered once outline planning permission has been obtained, however a footpath diversion will not be confirmed until full planning permission has been obtained.
Please note: a Footpath Order will take at least 6-12 months to complete and may take substantially longer if the Order is opposed.
If the Council’s officers determine that the above powers do not apply, the Council will not be able to make an Order. It may still be possible to divert or extinguish a footpath by applying to Nottinghamshire County Council as the Local Highways Authority.
If you wish to apply for a Footpath Diversion Order please complete the online form (Opens in a New Window).