 Footpath and bridleway diversions This council diverts and stops up footpaths and bridleways to allow development to proceed under Section 257 of the Town and Country Planning Act 1990. Before a footpath or bridleway can be diverted under this act the development must have full planning permission. The process takes 6 - 12 months for a straightforward diversion. A contentious diversion can take several years if strong objections are raised. How to apply for a footpath or bridleway diversion Consultation and Public Inquiries Application form (pdf file, opens in a new window) How to apply for a footpath or bridleway diversion Before a footpath or bridleway can be diverted you must obtain full planning diversion. The first step in this process is to complete an application form. The form on our website can be printed off for completion and should be returned to Technical Services at West Wiltshire District Council. With the completed form, you will need to send the following:
On receipt of your application, it will be checked and a plan based on the Ordnance Survey map will be produced showing the existing route (solid black line), the proposed new route (broken black line) and any adjoining routes (small circles). The existing and proposed routes will be walked and checked to see if the diversion would impede any existing or proposed building. The route will be photographed and measured. If there any issues to be resolved, a site meeting between the applicant and a Council official may be arranged at this stage. Consultation and Public Inquiries Pre-order consultation about the proposed footpath or bridleway diversion will be carried out with the following organisations: Footpaths
Bridleways
If there are matters arising from the pre-consultations, the Council will try to resolve them by negotiation. If the proposal then changes substantially it will be necessary to re-consult all parties. If no objections are raised by any of the above, the proposed diversion will be considered by the Planning Committee which will decide whether or not to grant approval. If the decision is not to make the order, the applicant and consultees will be advised accordingly. If the Council decides to proceed with the order the Council’s legal department will be instructed to draw up a Footpath Diversion Order, which is then advertised in a local newspaper. Notices and a plan informing the public of the proposed diversion will be erected at the beginning and end of the existing footpath or bridleway and will remain in place for 28 days. If no objections are raised during this period and the new route is completed the Council will ask the Rights of Way Warden (Wiltshire County Council) to inspect and confirm that the new route has been completed to his satisfaction. When the new route has been approved the Development Control Services Manager will be asked to confirm the order. The Legal Department then makes a Confirmation Order which is displayed on site for a six week period, and advertised in a local newspaper. At the end of this period if no objections have been received, the Order is confirmed and the Wiltshire County Council will revise the definitive map. It is important to note that if the existing route cannot be kept open until the new route is in place, a temporary diversion order (not necessarily the new route) must be applied for from the Rights of Way Department at Wiltshire County Council. Public Inquiry The Council’s Legal Department will mediate with anyone who objects to a proposed diversion and try to resolve the objections, if they cannot be resolved, the matter will be referred to the Planning Inspectorate in Bristol. The Planning Inspectorate may make a decision based on written submissions or elect to hold a Public Hearing or Inquiry. The Secretary of State will appoint an inspector to run the Inquiry and make an independent assessment of the proposals and objections. The Inspector will ensure that all those who wish to express a view are heard, make a site visit with or without objectors, and then issue a decision. In some cases the proposal will fall outside the inspector’s jurisdiction and will need to be referred to the Secretary of State for a decision. Further information about Public Inquiries and the work of the Planning Inspectorate can be found at www.planning-inspectorate.gov.uk Diverting a footpath or bridleway can be costly. The process involves obtaining court orders and advertising proposed diversions in local newspapers. The applicant must pay the Council’s administrative and legal costs regardless of whether the application is successful. A straightforward diversion can cost approximately £3-4000 made up of £6-800 advertising costs, £2000 administrative and legal costs. The costs will increase for more complicated and contentious diversions. An initial fee of £500 must be paid on submission of the application. Cheques should be made payable to West Wiltshire District Council. Wiltshire County Council - Public Rights of Way and access to the countryside The Planning Inspectorate www.planning-inspectorate.gov.uk Contact details For help and advice about footpath and bridleway diversions contact: Technical Services, West Wiltshire District Council, Bradley Road, Trowbridge, Wiltshire, BA14 0RD. Telephone 01225 776655 or email streetnaming@westwiltshire.gov.uk |