Explanatory notes for applicants
Public Rights of Way

15. Where a public right of way exists within or adjoining the site of the proposed development this must be clearly identified in green on all location or site plans.

A public right of way is a highway which any member of the public may use but which is not a highway maintained by a government department.

It is usual to retain a public right of way and where appropriate, incorporate the path as an integral part of the proposed development.

Where however, it is proposed to divert or extinguish a public right of way, you should discuss this at an early stage with your District Council. Depending on the circumstances they may consider making an Order to divert or extinguish the right of way.

You should be aware that the Department also has powers to make Orders diverting or extinguishing rights of way to enable development to be carried out.

If you are in any doubt about the existence of a public right of way, or if you need further information, you should consult the District Council concerned.