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 or extinguishment of footpaths, bridleways or restricted byways.
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
A footpath or bridleway can be diverted under the Act only if the development has full planning permission.
Footpath Consultees
| Name | Address |
|---|---|
| Nottinghamshire County Council (Highways) | Highways (Bassetlaw Area), Bevercotes House, Fountain Court, Darwin Drive, Sherwood Energy Village |
| Severn Trent Water Authority | Asset Protection Waste Water, Leicester Water Centre, Gorse Hill |
| Network Rail | Desk 76, Floor 1B, George Stephenson House |
| British Gas Transco | Plant Protection, Padholme Road, Peterborough |
| Ramblers' Association | Chudleigh, Church Drive, Norton Disney |
| Countryside Access Team | Nottinghamshire County Council, County Hall, West Bridgford, Nottingham, NG2 7QP |
| Open Roach | PP Room 409, Mansfield ATE, Pelham Street |
| Yorkshire Electricity Board | P.O. Box 139, Parkway Avenue, Parkway |
| Prescribed Organisations | Address |
|---|---|
| Auto Cycle Union |
Wood Street, Rugby, CV21 2XY Submit - All proposals except those relating to footpaths or bridleways unless there are possible byway (RB and BOAT) rights* All Orders |
| British Horse Society |
Stoneleigh Deer Park, Stareton Lane, Kenilworth, Warwickshire, CV8 2XY Submit - All proposals All Orders |
| Byways and Bridleways Trust |
Parklands, Railton Road, Guildford, Surrey, GU2 9JX Submit - All proposals except those affecting footpaths unless there are possible bridleway or byway rights All Orders |
| Open Spaces Society |
25A Bell Street, Henley on Thames, RG9 2BA Submit - All proposals in areas notified by society* All Orders |
| Ramblers' Association |
2nd Floor, Camelford House, 87-90 Albert Embankment, London, SE1 7TW All proposals* All Orders |
| British Driving Society |
83 New Road, Halmingham, Stowmarket, Suffolk, IP14 6EA. Submit - All Orders creating footpaths, bridleways and restricted byways on land adjacent to operational railway lines. |
Note on Prescribed Organisations
Authorities must send copies of the statutory notices of Orders made as specified above to the organisations listed. An asterisk (*) indicates that the organisation wishes to have notice of proposals or pre-consultations sent to their nominated local representative. Notice of the Orders must always be sent to the organisation’s head office.
Last Updated on Thursday, February 6, 2025