PEAK AND NORTHERN FOOTPATHS SOCIETY VOLUNTEER HANDBOOK Section 2 Reviewed June 2021 next review date June 2024 Page 1 of 9 Section 2: Guide to dealing with Pre-order Consultations and Statutory Orders on behalf of the Society for Assessors, Area Officers and Courts & Inquiries Officers Introduction This guide explains the process and steps to be taken when dealing with proposals, on behalf of the Society, to alter the rights of way network by making Public Path Orders. 1 Policy considerations 1.1 The objective is to protect walkers’ rights and improve the network for walkers as far as is possible under current legislation. 1.2 Two constraints must be borne in mind: Developments and changes in land use continually alter the public rights-of-way environment. Legal rules tightly control how changes in the network may be made. 2 Why are we consulted on changes to the network? 2.2 By law the Society is a “prescribed organisation 1 ” and Highway Authorities (HAs) have a statutory obligation to send us copies of Public Path Orders that propose to, if confirmed, divert, stop up, extinguish, or create a public right of way, or part thereof 2 . 2.3 It is considered best practice for HAs to consult user groups 3 like the Society in advance of deciding whether to publish a Public Path Order. That code of best practice is set out in “Practice Guidance Note No.1”, published by the Rights of Way Review Committee 4 . 2.4 Once an order has been made, we can raise a formal objection. An objection will prevent an order being confirmed by the Order Making Authority and the matter will be referred to the Planning Inspectorate unless the objection is withdrawn or the order itself is withdrawn. 2.5 In addition, Highway Authorities, landowners, or developers may initiate Pre-Order Consultations with the Society before making an order. At this stage we may be able to influence the proposals. NB If you receive a proposal to extinguish a path (s116/s118 HA 1980) or to stop up a path (s247/s257 TCPA 1990) where there is no accompanying path creation, you must refer it to the relevant Courts & Inquiries Officer (C&IO) immediately. Only a C&IO can respond to a consultation about an extinguishment or stopping up order. 1 Rights of way circular (1/09) - GOV.UK (www.gov.uk) 2 By “public right of way” we mean any definitive public right of way shown on the relevant Definitive Map & Statement, or any other non-vehicular highway maintainable at public expense shown on the “List of Streets” kept under section 36 of the Highways Act 1980 or any path which is believed to be a public path although it is not yet shown on the Definitive Map and Statement. Any highway that carries public vehicular rights, such as a Byway Open to All Traffic (BOAT), can only be diverted or stopped up by a magistrates’ court order unless there is development involved e.g. new roads and/or buildings. 3 An exception to this is a proposal to divert or stop up a public right of way or part of it, using section 116 of the 1980 Highways Act. There is no legal obligation to consult a user group prior to applying to a magistrates’ court for an Order. The only legal obligation is to publish a notice in a local paper giving details of the changes applied for, and a date, time and location of the court hearing. Several of the Highway Authorities PNFS deals with use this method, which the Society deprecates and has lobbied against without success. 4 http://www.bhsaccess.org.uk/wiki/uploads/RWRCpgn1.pdf
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PEAK AND NORTHERN FOOTPATHS SOCIETY VOLUNTEER HANDBOOK Section 2
Reviewed June 2021 next review date June 2024 Page 1 of 9
Section 2: Guide to dealing with Pre-order Consultations and Statutory Orders on behalf of
the Society for Assessors, Area Officers and Courts & Inquiries Officers
Introduction
This guide explains the process and steps to be taken when dealing with proposals, on behalf of the
Society, to alter the rights of way network by making Public Path Orders.
1 Policy considerations
1.1 The objective is to protect walkers’ rights and improve the network for walkers as far as is
possible under current legislation.
1.2 Two constraints must be borne in mind:
Developments and changes in land use continually alter the public rights-of-way
environment.
Legal rules tightly control how changes in the network may be made.
2 Why are we consulted on changes to the network?
2.2 By law the Society is a “prescribed organisation1” and Highway Authorities (HAs) have a statutory
obligation to send us copies of Public Path Orders that propose to, if confirmed, divert, stop up,
extinguish, or create a public right of way, or part thereof2.
2.3 It is considered best practice for HAs to consult user groups3 like the Society in advance of
deciding whether to publish a Public Path Order. That code of best practice is set out in “Practice
Guidance Note No.1”, published by the Rights of Way Review Committee4.
2.4 Once an order has been made, we can raise a formal objection. An objection will prevent an
order being confirmed by the Order Making Authority and the matter will be referred to the
Planning Inspectorate unless the objection is withdrawn or the order itself is withdrawn.
2.5 In addition, Highway Authorities, landowners, or developers may initiate Pre-Order Consultations
with the Society before making an order. At this stage we may be able to influence the proposals.
NB If you receive a proposal to extinguish a path (s116/s118 HA 1980) or to stop up a path
(s247/s257 TCPA 1990) where there is no accompanying path creation, you must refer it to the
relevant Courts & Inquiries Officer (C&IO) immediately. Only a C&IO can respond to a consultation
about an extinguishment or stopping up order.
1 Rights of way circular (1/09) - GOV.UK (www.gov.uk)
2 By “public right of way” we mean any definitive public right of way shown on the relevant Definitive Map &
Statement, or any other non-vehicular highway maintainable at public expense shown on the “List of Streets” kept under section 36 of the Highways Act 1980 or any path which is believed to be a public path although it is not yet shown on the Definitive Map and Statement. Any highway that carries public vehicular rights, such as a Byway Open to All Traffic (BOAT), can only be diverted or stopped up by a magistrates’ court order unless there is development involved e.g. new roads and/or buildings. 3 An exception to this is a proposal to divert or stop up a public right of way or part of it, using section 116 of
the 1980 Highways Act. There is no legal obligation to consult a user group prior to applying to a magistrates’ court for an Order. The only legal obligation is to publish a notice in a local paper giving details of the changes applied for, and a date, time and location of the court hearing. Several of the Highway Authorities PNFS deals with use this method, which the Society deprecates and has lobbied against without success. 4 http://www.bhsaccess.org.uk/wiki/uploads/RWRCpgn1.pdf
6.1 OMAs are under no obligation to consult the Society but it is considered best practice to do so by
the Rights of Way Review Committee6. Invariably we are asked to respond by a stated date. Whilst
we are not bound by that date it is helpful and courteous to meet the OMAs request. If you feel
further time is needed for whatever reason (e.g. holidays, travel restrictions, illness), then ask the
author of the POC for this extra time.
6.2 The guiding principle is that the Society should make its point as early in the process as possible,
on the basis that representations are more likely to be effective whilst proposals are still fluid.
5 The Public Path Orders Regulations 1993 (legislation.gov.uk) see schedule 3. See also The Town and
Country Planning (Public Path Orders) Regulations 1993 (legislation.gov.uk) 6 Rights of Way Review Committee Consultation on changes to public rights of way para1 see also DEFRA
Rights of Way Circular 1/09 Guidance to Local Authorities.