Suffolk Coastal has power to make a public path diversion order
under section 119 of the Highways Act 1980. The
Council needs to be satisfied that it is in the interests of the
owner or occupier of the land and/or of the public for the footpath
or bridleway to be diverted. It also needs to be satisfied that the
proposed route will not be substantially less convenient for the
public to use than the existing route. The Council also has to
consider the effect of the diversion on public enjoyment of the
route as a whole, on other land served by the existing route, and
on the land (and any land held with it) where the new route is
created.
The Council also has to have due regard to the needs of
agriculture (including the breeding and keeping of horses),
forestry and the desirability of conserving nature.
The Council also has power to make a public path diversion order
under section 257 of the Town and Country Planning Act
1990. The Council uses this power if it is satisfied that it
is necessary for the footpath or bridleway to be diverted in
order to enable development to be carried out in accordance with
planning permission granted by the Council. The disadvantages or
loss likely to arise to users of the route as a result of the
change also have to be considered by the Council. It should not
be assumed that an order will be made simply because planning
permission has been granted.
If you want more advice or information about diverting a route
then contact us or see our
frequently asked questions page. Follow
this link to download application forms and guidance
notes.
Back to Making changes to footpaths and
bridleways