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Having your say on changes to rights of way

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Having your say on changes to rights of way

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Suffolk Coastal carries out informal consultations on all applications to create, divert or extinguish footpaths and bridleways before deciding whether to make a public path order. Proposals are often altered as a result of consultations and the Council is keen for applicants and consultees to reach agreement wherever possible. Opposed applications, or those that do not appear to meet the statutory criteria, are determined by the Council's Rights of Way Committee.

What does the Rights of Way Committee do?

The Rights of Way Committee meets on an ad hoc basis, as and when it is needed to make decisions. The main role of the Rights of Way Committee is to consider:

  • applications to create, divert or extinguish public footpaths or bridleways to which there has been objection during the consultation process or which may not meet the relevant legal criteria

  • public path orders to which there has been objection

If the committee is considering one of the above we will send a letter to everyone who has expressed an interest in the matter - whether it was an objection or in support - letting them know when and where the Rights of Way Committee will be meeting to discuss the matter. We will also send everyone a copy of the agenda for the meeting.

What happens at the Rights of Way Committee meeting?

At the meeting there will be the chance for one person from each of the following groups to speak:

  • objector
  • interested party
  • applicant (or an agent on their behalf )
  • other landowners or land occupiers affected by the change
  • local town or parish council
  • local district councillor

In exceptional cases, more than one town or parish council may be allowed to speak, if the proposal has a significant effect on more than one parish. More than one objector or interested party may also be allowed to speak, but only where it is clear that conflicting views cannot be effectively presented by one speaker. Our guide to speaking at Rights of Way Committee (PDF 31KB) meetings explains the process in more detail and what you have to do if you want to speak.

How decisions are made

The Highways Act 1980 and the Town & County Planning Act 1990 both lay down precise criteria to be met for the making and confirmation of public path orders.  The legislation is supplemented by advice contained in Department of Environment Circular 2/93 “Public Rights of Way” and other circulars and regulations. The basic premise is to ensure that appropriate balanced consideration is given to the impact of changes to the network upon both the landowner’s/occupier’s interests and the public’s right.

Changes that affect the right of the public to cross private land and can be contentious and the subject of impassioned debate. Because of this it is important that the system of making decisions on changes to the public rights of way network is seen to be open and impartial, consisting of sound judgements made for justifiable reasons. To this end Suffolk Coastal has a code of practice (PDF 80KB) that sets out clearly the way in which applications are dealt with including the consultation process; the roles of Council members and officers; committee procedures; site visits and what you should do in the event of a complaint.

More information

Follow the links below to find out the current membership of the Rights of Way Committee, when the committee next meets and the agendas and minutes past meetings.

Current membership of the Rights of Way Committee

Calendar of committee meetings

Committee minutes and agendas

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