Diversions and Extinguishments
The County Council, and other local authorities as required, have discretionary powers to make Public Path Extinguishment and Diversion Orders for footpaths, bridleways and restricted byways under either the Highways Act 1980 for general proposals, or the Town and Country Planning Act 1990 where a change to a right of way is required to enable development to be carried out following planning consent.
For details and advice on making a Public Path Extinguishment or Diversion application, please click on the links below:
Landowner/Occupier General Extinguishment (Highways Act 1980, section 118)
Councils have powers to extinguish rights of way on the grounds that they are not needed for public use. Section 118 of the Highways Act specifies the tests which must be applied in respect of an Extinguishment Order. These are:The extent, if any, that it appears that the path would be likely to be used by the public (when considering likely use, temporary obstructions to the current path must be disregarded)The effect the extinguishment of the right of way have ...
Landowner/Occupier General Diversion (Highways Act 1980, section 119)
Prior to accepting an application to divert a right of way under Section 119 of the Highways Act 1980, Lincolnshire County Council will assess the balance of the interests of the owner/occupier of the land (normally the applicant) against that of the path users. We will consider how convenience and enjoyment of users are affected by the proposals and in particular will have regard to:Our Rights of Way Improvement Plan which informs the way in which we manage Lincolnshire’s ...
Diversion or Extinguishment to Facilitate Development (Town & Country Planning Act 1990, section 257)
In Lincolnshire, Town and County Planning Act 1990 Extinguishment and Diversion Orders are discretionally processed by the authority which granted the associated planning consent therefore if the existing line of a public right of way is likely to be affected by building works, or a change of land use which requires planning permission, applicants should contact the appropriate District/Borough/City Council’s Planning Office for advice.
