Changing Rights of Way

The Council has the power to divert, create or extinguish public rights of way for a variety of reasons including development.  Anyone can make an application.

• Planning and Rights of Way

  
  

  Planning permission does not alter a right of way crossing the affected land or provide authority to obstruct it. If a path needs to be diverted or extinguished for development to take place, a public path order should be applied for under the Town and Country Planning Act 1990.

   

  For the Council to make an order planning permission must have been awarded and the plans must be incompatible with retention of the right of way. Whilst it is not possible for the Council to make an order before the award of planning permission developers are encouraged to contact the rights of way team as early as possible if a right of way is likely to be affected. 

   

  Diversion of a public path can typically take around 9 months if unopposed or significantly longer if objections are received. It may be necessary to seek a temporary closure of affected paths whilst the diversion is on-going, for instance to facilitate construction of a development phase that does not directly interfere with the existing path.

   

  It is inappropriate for a temporary closure to be made in order to allow construction of permanent structures over a path in anticipation of a favourable diversion and the Council will take action should this occur prior to conclusion of an order.

   

  Further information is available within the Council's Public Path Orders Application Pack

• Diversion Orders

  
  

  Diversion orders under section 119 of the Highways Act 1980 also allow existing paths to be moved onto a different alignment either in the interests of the public, or the landowner or occupier of the land. For a diversion order to be made the Council will need to be satisfied, amongst other things, that:

   

  • • The new route would not be substantially less convenient to use than the existing route.
  • • The proposals would not result in a negative effect on public enjoyment.

   

  Further guidance, including cost and application forms is included in the Vale of Glamorgan’s Public Path Order application pack.

• Extinguishment Orders

  
  

  Extinguishment orders under section 118 of the Highways Act 1980 allow paths to be stopped up and subsequently removed from the Definitive Map.

   

  Before the County Council will consider an application to extinguish a public right of way it must be satisfied that the path is not needed for public use. Further guidance, including cost and application forms is included in the Vale of Glamorgan’s Public Path Order application pack.

• Creation Orders

  
  

  Creation orders under section 26 of the Highways Act 1980 allow paths to be created and are most often used concurrently with extinguishment orders where a diversion would be inappropriate. Before the County Council will consider an application to create a public right of way it must appear to the Authority that there is a need for the new path. 

   

  The County Council must also be satisfied that the new path would add to the convenience or enjoyment for a substantial number of users or local residents. Further guidance, including cost and application forms is included in the Vale of Glamorgan’s Public Path Order application pack.

• Creation Agreements

  Landowners can also create a new right of way across their land by entering into a Creation Agreement with the County Council. 

   

  Before entering into an agreement with a landowner, the County Council will first require proof of actual land ownership and will also need to consider how the proposed route will add to the convenience or enjoyment of the public.

   

  Creation Agreements are different from Creation Orders in that no public consultation is required to create a new route by agreement, whereas a Creation Order follows the same consultation procedures as a Diversion or Extinguishment Order.  The relevant legislation covering Creation Agreements is Section 25 of the Highways Act 1980.

   

• Temporary Closures

  Public rights of way should be open and available for public use at all times.  However, it may be necessary in the interests of public safety to formally close a right of way for a limited period of time to allow works that disturb the surface of a path, or works next to a right of way, to be carried out.

   

  Public rights of way must not be closed or the public use in anyway restricted without the County Council's prior consent.  If it is considered necessary for a right of way to be temporarily closed, the County Council must first be consulted so that the correct statutory procedure can be followed.

   

  If you think you may need a closure, please contact the highways department or public rights of way team eight weeks before you want the closure to begin. The maximum time a closure may persist is 6 months after which an extension may be granted, should an extension be required further notice of 8 weeks should be given in order to allow time for consultation, permissions and advertising. You should note that there is a charge for this process.