How to object or make representations to a public right of way order.

Organisation:
First published:
1 August 2019
Last updated:

Introduction

Your local authority makes decisions about recording and changing public rights of way.

When they advertise a right of way order, you can object or make representations on it. 

If there are no objections or representations they can confirm the order themselves.

If there are objections or representations the local highway authority can refer it to the Planning Inspectorate. We call an order submitted to the Planning Inspectorate an opposed order.

Deadline for submitting an order

There is no deadline for the submission of an opposed order.

The local highway authority will submit the order with the required document.

A notice of order will be issued with deadlines to submit comments, a statement of case and proof of evidence.

When you can expect a decision

The notice of order will contain a start date. From this date you’ll normally get a decision within:

  • 35 weeks if dealt with by a local inquiry
  • 29 weeks if dealt with by a hearing
  • 27 weeks if dealt with by written representations

Comment on an order

Anyone can comment on a public right of way order.

The Planning Inspectorate will write to:

  • all those who have objected or made representations to the order
  • notified parties

They will provide event details and the timetable for the submission of comments and documents.

Contact your council to comment on a public right of way order which has not yet been submitted to the Planning Inspectorate.

After the order has been submitted

The Planning Inspectorate will check the order to ensure it is valid. They’ll tell you what happens next and how long it will take to make a decision about the order (determination).

If anyone behaves unreasonably

If the order is being dealt with at an inquiry or hearing you can apply for an award of costs. This applies if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. 

You can complain about how the Planning Inspectorate handled the order. There’s no time limit for complaints.

If you disagree with the decision

You can challenge the decision in the Administrative Court if you think the Planning Inspectorate made a legal mistake. Get advice from a lawyer if you’re unsure about this.