Town and Country Planning Act Orders

Under Section 257 of the Town & Country Planning Act 1990, an order can be made for a footpath or Bridleway to be closed or diverted where it is necessary to enable development to take place. The procedure is similar to that for diversions under the Highways Act.

The granting of planning permission for development does not give permission for the obstruction of the definitive route of a PROW before it is legally closed or diverted.

Before making an order under section 257 the authority must be satisfied that it is necessary to do so to enable development to be carried out in accordance with planning permission granted.

Unlike the Highways Act Order a section 257 Town and Country Planning Act Diversion Order does not become operative until the County Surveyor certifies that the new path is ready for use. The Definitive Map cannot be modified until this certification is issued regardless of confirmation.