What is a Public right of way?
- Public footpaths
- Public bridleways
- Restricted byways
- Byways Open to All Traffic (BOAT)
North Kesteven District Council has a responsibility to make Diversion or Extinguishment Orders when they are necessary because of planning permission within this district under the Town and Country Planning Act.
Following the introduction of the Growth and Infrastructure Act 2013 applications for orders to be made under the Town and Country Planning Act can be applied for before consent is given for planning permission, however confirmation of the order cannot take place until planning permission has been granted.
In most other cases Lincolnshire County Council as Highway Authority has responsibility for public right of way diversions and extinguishments and the management of public rights of way. See further information about rights of way on the Lincolnshire County Council's website.
Many public rights of way run across privately owned land and the responsibility for looking after these rights of way is shared between the county council and the landowner or farmer.
Applications to divert or stop up public rights of way can come under two Acts; Highways Act 1980 and Town and Country Planning Act 1990.
If you are submitting an application for planning permission and the proposal will affect the public right of way, ;then an application to divert or extinguish the public right of way will need to be submitted separately to the application for planning permission.
If you intend to keep the right of way on its original route, no application is needed. However, to be safe, you should contact Lincolnshire County Council to find out if the route of the public right of way being used is the correct one.
What happens next?
Once the order is made, a consultation process is undertaken including the following consultees:
Providing no objections are received to the order during the consultation period the order can be confirmed.
If objections are received and are not withdrawn, the order goes to the Secretary of State for determination.
Please note the public right of way does not become operative until a Certificate of Operation has been issued. The original route of the right of way must be available to the public until the new order has been confirmed and the right of way brought into operation.