Public Path Orders

Public Rights of Way are diverted, closed or created by a Public Path Order.

The different types of Public Path Orders

  • Divert a path or section of path (Section 119 Highways Act 1980)
  • Close (stop up) a path or section of path (Section 116/118 Highways Act 1980)
  • Create a new length of path (Section 25/26 Highways Act 1980)
  • Divert or close a path to allow development to take place (Section 257/258/261 Town and Country Planning Act 1990)

Apply for a Public Path Order

Before you apply for a Public Path Order we advise you to contact the Public Rights of Way Officer at d.chadwick@bury.gov.uk

Application forms and guidance

pdf icon Apply to divert a path [161kb]

pdf icon Guidance on applying to divert a path [174kb]

pdf icon Apply to close a path [157kb]

pdf icon Guidance on applying to close a path [166kb]

pdf icon Apply to divert or close a path to allow for development [157kb]

pdf icon Guidance on applying to close a path to allow for development [171kb]

Fees and charges for processing applications for Public Path Orders

There is provision for the Council to recover the costs that it incurs in processing applications for Public Path Orders. A payment is required on the submission of the application. If an Order is opposed, all parties (including the Council) must meet their own costs in preparing and presenting their case for written representations, a hearing or public inquiry. Applicants will be required to meet the following costs:

  1. An administration fee will be charged. A sample set of charges are listed below. These will rise if an order is opposed.
    •  An initial site visit by the Public Rights of Way Officer and consideration of the application including research into the status and history of the path and assessment of the legal implications £250 to be paid on submission of the application - non-returnable
    • Preparing the cover letter, plan and description of the proposal for consultation £50
    • Reviewing the final responses to the consultation £100
    • Preparing the final Order Plan and instructions to Legal Services £100
    • Drafting the Order and public notices of Making and serving notice on statutory consultees £100
    • Making a site visit to put up site notices of the Making of the Order and maintenance for the period of advertising £100
    • Liaising with landowners and others to arrange for works on new route of the path (including provision of specifications for furniture etc.) £100
    • For opposed orders, the preparation of referral to the Secretary of State £200
    • Making a site visit to inspect and certify works on the diverted or created route £100
    • Drafting the Order and public notices of Confirmation and serving notice on statutory consultees £100
    • Making a site visit to put up site notices for Confirmation and maintenance for the period of advertising £100
  2. Legal Services will charge separately for their input in the processing of the order.
  3. Actual Advertising costs, as at the time of advertising: These will vary between applications depending on the complexity of the Order and the publication that must be used. As a guide, for an Order that is both made and confirmed, these are likely to be in the region of £300-£800.
  4. Cost of works to make a new route ready for use: The applicant will be expected to meet the cost of all works that are required.
  5. Compensation claimed as a result of a successful diversion or creation Order: There is provision for affected landowners, occupiers and lessees to claim compensation from the Council, where a new path is created by a diversion or creation Order. Where an Order is made the applicant will be required to meet the cost of any compensation that is claimed.
  6. Maintenance or other additional legal agreements associated with a Public Path Order: The Council's Legal Services will recharge the applicant for their time and any other expenses incurred in setting up an agreement.

Contact for Highway Network Services