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Helpful hints for local authorities

Updated 19 April 2022

Applies to England

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This publication is available at https://www.gov.uk/government/publications/rights-of-way-order-making-authority-checklist/helpful-hints-for-local-authorities

1. Do’s and Don’ts for Local Authorities

  • Do use the OMA checklist available on GOV.UK and submit all the documents requested with the Order.
  • For a quick response to queries, do call or email your regular Rights of Way contact. The team mailbox is for general enquiries and is not always the first place we look.
  • When drafting an Order, do pay attention to the little details eg. widths, relevant date (DMMOs only).
  • When creating an Order plan, do use the correct scale and notation. The relevant statutory instruments refer:
  • 1993 No12 The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993
  • 1993 No10 The Town and Country Planning (Public Path Orders) Regulations 1993
  • 1993 No11 The Public Path Order Regulations 1993
  • 2010 No2127 The Public Rights of Way (Combined Orders) (England) (Amendment) Regulations 2010
  • 1993 No9 The Rail Crossing Extinguishment and Diversion Orders Regulations 1993
  • 2003 No1479 The Highways, Crime Prevention etc (Special Extinguishment and Special Diversion Orders) Regulations 2003 (These can be viewed at www.legislation.gov.uk
  • Do ensure that any contact information for the Planning Inspectorate in your correspondence is current, for example, in connection with Schedule 14 appeals, Government Office for the North East closed in 2011, claimants should now contact the Planning Inspectorate, Room 3/25, Hawk Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN (For latest contact details see www.gov.uk/appeal-right-of-way-decision.)
  • Do ensure before making an Order that your Council has identified, and served notice, on all owners of the land or, if necessary, that you have obtained dispensation from the Secretary of State.
  • The Rights of Way team will answer enquiries about cases submitted to the Secretary of State. Contact Defra for other advice and policy questions
  • There is plenty of advice on GOV.UK on public rights of way orders but please let us know if it would be helpful to make other documents available
  • Applications for the stopping up and diversion of highways under Section 247, 248 and 253 of the Town and Country Planning Act 1990 should be made to the National Transport Casework team in Newcastle, email nationalcasework@dft.gov.uk or phone 0207 944 4115.
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