Object to a public right of way order

Question

Accepted Answer

1. Overview

Your local council makes decisions about recording and changing public rights of way.

You can object or make representations to a right of way order when it is advertised by the council.

If no objections or representations are made, the council can confirm the order themselves.

If objections or representations are received, the local highway authority can submit the order to the Planning Inspectorate for determination. Only the local highway authority can do this. We call an order submitted to the Planning Inspectorate an ‘opposed’ order.

If you didn’t comment when the opposed order was advertised by the council, you can comment when the notice of order has been issued by the Secretary of State.

Deadline for submitting an order

There is no deadline for the submission of an opposed order. The local highway authority will submit the order along with the required documents as indicated on the checklist. Once the procedure has been decided a notice of order will be issued setting out the deadlines for you to submit comments, a statement of case and a proof of evidence.

When you can expect a decision

From the valid date, when all the required documentation has been received, you’ll normally get a decision within:

45 weeks if dealt with by a local inquiry
39 weeks if dealt with by a hearing
37 weeks if dealt with by written representations

2. Comment on an order

Anyone can comment on a public right of way order.

The Planning Inspectorate will write to all those who have objected or made representations to the order, and notified parties, setting out the event details and the timetable for the submission of comments and, documents.

If your council is making a public right of way order which has not yet been submitted to the Planning Inspectorate and you want to object or make representation on it, contact them directly. If a definitive map order is objected to then they must pass the case to the Planning Inspectorate.

3. After the order has been submitted to the Planning Inspectorate

The Planning Inspectorate will check the order to ensure it is valid. They’ll tell you what happens next and how long the order will take to be determined. The Planning Inspectorate will then consider the order, the objections and representations and all relevant evidence.

If anyone behaves unreasonably

If the order is being dealt with at an inquiry or a hearing you can apply for an ‘award of costs’ if anyone involved in the order has cost you money by behaving unreasonably, eg missing deadlines. See section 8 of the guidance booklet for more detail.

You can complain about how the Planning Inspectorate handled the order. There’s no time limit for complaints.

4. If you disagree with the decision

You can challenge the decision in the Administrative Court if you think the Planning Inspectorate made a legal mistake. Read the High Court challenges