Suffolk Coastal has powers to make a public path extinguishment
order under
section 118 of the Highways Act 1980. Before it
does so, the Council needs to be satisfied that the footpath or
bridleway concerned is not needed for public use. It also needs to
take into account what the likely use of the footpath or bridleway
would be if an Order was not made, and also the effect the change
would have on the land the route currently crosses. 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.
If an extinguishment order is made at the same time as a
creation order, agreement or diversion order, the Council can
consider the extent to which the creation or diversion would
provide an alternative route for the one being extinguished.
The Council also has power to make a public path stopping up
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 stopped up 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 extinguishing
or stopping up 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