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Rights of way

If your proposed development would obstruct a public path which crosses your property, you should discuss the proposals with the council at an early stage.

The granting of planning permission will not give you the right to interfere with, obstruct or move the path. A path cannot be legally diverted or closed unless the council has made an order to divert or close it to allow the development to go ahead. The order must be advertised and anyone may object. You must not obstruct the path until any objections have been considered and the order has been confirmed.

You should bear in mind that confirmation is not automatic; for example, an alternative line for the path may be proposed. Planning permission for a new gate would not itself grant you any right of way on land outside your own.

View the 'Countryside and Rights of Way Act 2000' here1.

You should contact your local council if you require more information about Rights of Way in your area.

  1. http://www.legislation.gov.uk/ukpga/2000/37/contents

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The Planning Portal is delivered by PortalPlanQuest Limited which is a joint venture between TerraQuest Solutions Limited and the Department for Levelling Up, Housing & Communities. All content © 2024 Planning Portal.