Section 4.7 - Public Path Orders

This section provides detailed guidance for processing applications for Public Path Orders. Additional very useful guidance may be found in two booklets:

'Public Path Orders' published by the Planning Inspectorate, and
'A Guide to Procedures for Public Path Orders', published by the Countryside Commission (now Countryside Agency).

This section details procedures for:-

Creation orders under HA80 s26
Diversion orders under HA80 s119
Extinguishment orders under HA80 s118

For diversions and extinguishments under HA80 s116 see section 4.8.

For dedications and creation agreements [HA80 s25, s38 and others] see section 4.9.

An order to stop up or divert any footpath or bridleway may also be made under the Town and Country Planning Act 1990 [TCPA90 s257 and 261]. This is where it is necessary for an order to be made in order to enable development to be carried out. See section 4.7.1.

Public Path Orders may also be made by District Councils.

Other orders are detailed separately.

Policy framework

Processing Public Path Orders

The County Council currently has powers to process applications for Public Path Orders, and is often under pressure to process certain applications in advance of others. A policy has been endorsed to set out the priority that will normally be applied by the County Council to individual cases and hence the order in which applications will be dealt with.

Public Path Orders will normally be processed in the order in which applications are received, except in any of the following circumstances where an Order may be processed sooner:

Where an Order would satisfy one or more of the key principles.
Where an application has been made to HCC in its capacity as Planning Authority.
Where the processing of an Order could save significant costs incurred in other Rights of Way functions.

[Policy 3-Executive Committee-Agenda item 4-29January2001]

For the purposes of these policies the term 'Public Path Order' shall be taken to include:

Orders made under section 257 Town and Country Planning Act 1990 (extinguishments and diversions);
Orders made under sections 26 (creations), 118 (extinguishments) or 119 (diversions) Highways Act 1980; and
Applications to the Magistrates Court under section 116 Highways Act 1990 (extinguishments or diversions)

Public Path Orders will be prioritised in accordance with the above policy. This will enable Orders to be made that make a significant positive impact on the network. The actual order in which applications will be investigated will be set out annually in a Statement of Priorities and if required approved by the Development Control Committee.

The County Council will normally levy a charge for processing Orders. A schedule of the charges is to be included below.

Orders may be processed in cases where we have not received an application.

Accepting Maintenance Liability

Maintenance liability will normally only be accepted in the following circumstances:

Where no initial additional expenditure is required by HCC to bring a path into a fit condition for use; AND
Where a path has been dedicated free from limitations which would be onerous on the public's use and enjoyment of the path; AND
Where the addition of a path is of public benefit.

The County Council wishes to ensure that no additional liability is taken on by the council that is not balanced by a corresponding increase in the public enjoyment.

Widths of routes

The County Council has a duty to assert the rights of the public [Highways Act 1980 s130] when making orders or responding to consultations regarding new routes. This policy defines the County Council's position relating to the widths of new routes and what the County Council will do where these widths are not complied with.

The County Council recommends that there shall be a minimum legal width of 2 metres for footpaths and 4 metres for Bridleways which are created by Public Path Orders or Dedications

The County Council wishes to ensure that any new rights of way adequately provide for the public expected to use it.

Where the route is fenced on either side the full available width should normally be recorded as the legal width.

2 metres enables walkers to pass comfortably and enables those with pushchairs, wheelchairs etc. to be able to pass and turn around.
4 metres enables horses to be turned and provides a safe margin when passing other users on foot, cyclists, other horse riders etc. 4 metres is also a standard accepted by the British Horse Society.

Orders made by other authorities

The County Council will normally object to Public Path Orders made by other authorities within Hertfordshire where they create routes which are less than the minimum width described in the policy on widths of new routes.

The County Council wishes to see the standard minimum widths applied consistently to new or altered public rights of way across the County. Where these Public Path Orders are made by other authorities within Hertfordshire and the minimum conditions are not met the County Council will consider objecting to the order.

Such an approach is to ensure that the promoted minimum standards are applied consistently across the County. It is intended to provide sufficient width to accommodate all lawful users safely and conveniently. It also satisfies requirements for Access for All.

Limitations on new routes

The County Council should record any limitations on the public right in the Definitive Map and Statement. This may place unnecessary burdens on the public right. The County Council has a separate power to authorise structures outlined in Policy 10 below. This policy will support officers when excluding authorised structures from the Definitive Map and Statement and promoting authorisation under Highways Act 1980 s147.

The County Council does not normally support the inclusion of structures as limitations on routes created by Public Path Orders and dedications where those structures could otherwise be authorised.

If a structure is recorded as a limitation in an order or dedication, HCC has no control over it and it is effectively there for ever unless the path is rededicated without it.

There are certain circumstances in which HCC can authorise a structure on a PRoW and retain control over the type, quality and existence of the structure.

Therefore, in circumstances where a structure can be authorised the County Council shall not support its inclusion in any order or dedication as a limitation

Public Path Order Procedure

Phase 1 - Applications

1. Receipt of application

When an application is received.

Allocate a Definitive Map file and reference.

If the path crosses a District or Borough boundary, two files should be started, each cross-referenced to the other, with all the paperwork in one.

The file should be cross referenced to any other active or pending DM files relating to the path.

Check and acknowledge.

The application forms designed by HCC should be used. These ensure that all the necessary information required is provided. Application forms for Rail Crossing Diversions or Extinguishments are specified in 'The Rail Crossing Extinguishment and Diversion Orders Regulations 1993'.

If there are any problems with the application or further information is required, the applicant should be informed. An indication of the timescale involved should be given.

Send a copy of the Definitive Map with the application route highlighted and DM sheet number marked on it and file reference to:

Land Charges (CSD and District Council Land Charges if requested)
Countryside Access Officer (CAO)

The following should be checked and any information found should be added to the DM file;

any unresolved problems on the path
Modification Order applications and other DM files relating to the path
Anomalies file
Section 31 Deposits
List of Streets

The application should be added to HCC's Statement of Priorities. The database should be kept up-to-date throughout.

2. Site inspection

A site visit will need to be carried out, and photographs taken of the area of the proposal. The landowner should normally be involved with this. A report of the visit should be made, commenting on the proposal, and whether any other alternatives are available, and the discussion of the proposal with the landowner/applicant. If there is any doubt about the extent of land-ownership, this should be checked with the Land Registry or by service of Notices under the Local Government (Miscellaneous Provisions) Act 1976.

Phase 2 - Research

3. Assessment of application

A meeting needs to be arranged with the RoW Manager or Team Leader, the Case Officer and the Case Solicitor. The following will be considered:-

The County Council's policy on Public Path Orders
Whether there are any problems on the current line of the path which need to be resolved before an order can be made.
Whether all the tests given in the relevant legislation for making an Order been satisfied? [tests to be included later]

If the decision is;

to proceed, go to Stage 4 .
that the application needs amendment, inform the applicant and return to the appropriate part of Stage 1 .
NOT to proceed, write to the applicant with an explanation and close the file (Stage 29).

The applicant must be informed of the outcome of the assessment.

4. Consultation

Local Authorities (County/District/Borough Councils) must be consulted by the OMA before an order is made under s26, s118 or s119 of HA80. Normally 28 days are allowed for replies.

Although there is no statutory requirement for consultation of Parish Council/Meeting(s), landowners or user groups, in practice HCC has a standard consultation list which is used for all Orders (See Appendix D).

In all cases, HCC will consult with District/Borough Council(s) with applicant's proposal.

Letters will need to be sent to the following making it clear that it is only a proposal and inviting suggestions. A draft Order and Order Plan should be enclosed.

Parish Council/Meeting(s),
Local County Councillor,
standard consultees/user groups (Appendix D),
any landowners or occupiers who may be affected,
statutory undertakers (where applicable),
Environment Agency (for land abutting or crossing a watercourse),
Railtrack (for land abutting or crossing a railway line),
any other persons whom HCC believes should be kept informed.

All responses must be acknowledged, and where appropriate, attempts made to resolve any objections.

5. Decision about making an order

A meeting needs to be arranged between the RoW Manager or Team Leader, the Case Officer and the Case Solicitor to consider whether all the tests given in the relevant legislation have been satisfied, and decide whether it would be appropriate to make and confirm an Order.

A note of the decision meeting will need to be produced stating the reasons why an order is or is not going to be made. The applicant will need to be informed of the Decision.

If it would be appropriate to make an Order and;

there are no objections to the proposal, then go to Stage 6 .
there are objections or comments which have been resolved, or a changed/ alternative proposal is agreed by all the consultees, go to Stage 6 .
there are objections which cannot be resolved, an Order will not normally be made. Go to Stage 28.

6. Produce order

The OMA will now be responsible for the making of the Order. The case officer will need to start a careful record of the hours spent working on the case in order to be able to charge the applicant correctly. The standard fee for the diversion should be charged to the applicant before any work is started. Further costs may be charged to the applicant if and when they occur.

The Order should be drafted in the prescribed form and according to the Regulations and HCC Guidelines for producing Orders. It should contain a plan on a scale of not less than 1:2500. The relevant date of the Order is normally the date of the Decision meeting, unless this is more than 6 months before publication.

Ask the Case Solicitor and another DMO to check the Order before it is sealed and dated. Orders should not be sealed until an approved draft copy is returned from the solicitors.

Produce three engrossed copies of the Order. Three copies are produced so that in the event of having to submit the Order to Secretary of State two copies are sent, and the third copy is retained by HCC for our records. The Orders are held at Registry in a Deed packet labelled 'unconfirmed, sealed Orders'.

Pass the Orders to ES&A administrative support for sealing (Appendix D - roles of ES&A admin). A sealed order should be photocopied and then ES&A admin. should pass the Orders to Registry who will put them in a Deed Packet labelled 'unconfirmed, sealed Orders'.

When making an Order, take into account the time that will be required to construct a new path.

7. Produce notice

Draft Notice in accordance with the appropriate regulations.

[The Public Path Order Regulations 1993, The Rail Crossing Extinguishment and Diversion Orders Regulations 1993, The Rail Crossing Extinguishment and Diversion Orders, The Public Path Orders and the Definitive maps and Statements (Amendment) Regulations 1995].

A site plan will also be needed. The Order Plan may be used, but it will generally be better to produce a map showing the general effect of the Order, incorporating a summary of the reasons for making it and a contact name and number.

The following notices will be needed:

A plain notice to be placed in the local newspaper, displayed on site and displayed by the District/Borough Council(s) and Parish Council/Meeting(s).
An individually addressed notice for each of the following:

District/Borough Council(s)
Parish Council/Meeting(s)
Every landowner and occupier affected by the Order
The user groups who are normally notified

a notice addressed to any unknown landowners.

If the landowner is not known for any part of the order route, the Secretary of State's permission must be sought to address Notices 'To the Owners and Occupiers' for display on site. This request should be sent to: The Planning Inspectorate - Rights of Way section, 4th Floor, Temple Quay House, 2 The Square, Temple Quay, BRISTOL BS1 6PN

These Notices are to be displayed conspicuously on the land where the owner is not known when the Order is advertised, along with the Standard Notice.

8. Publication of Order

The requirements for publication are given in Schedule 6 and Schedule 12 (for orders under s116) of the Highways Act 1980 and these have been set out in Appendix D.

Notice of the Order must be advertised for at least 28 days (excluding Bank Holidays).

The DMO should provide ES&A admin with the following information;

a list of landowners
photocopies of the sealed order
the notice
a covering letter
details of relevant Parish Council/Meeting(s) and District/Borough Council(s)
details of any individual who has asked to be informed or any persons which HCC thinks should be informed
a list of the user groups to be notified

ES&A admin will then arrange for the notices and letters to be sent out:

a) Notices, accompanied by a copy of the Order, and a covering letter, are to be served on the following (and should be timed to arrive two to three days before the date of publication in the newspaper, but in any case no later than the date of publication):-

In all cases, the Notice shall be addressed to and served on every owner, occupier and lessee of the land (if ecclesiastical benefice, serve notice on Church Commissioners). Where the landowner is not known, then Notices shall be placed on site following direction from the Secretary of State. The Notice must be marked 'WARNING THIS COMMUNICATION AFFECTS YOUR PROPERTY'.
Notice should also be addressed to the Parish Council/Meeting(s) and District/Borough Council(s), with additional (unaddresssed) Notices enclosed for display on their Notice Boards. N.B. Orders made under s26 do not need to be sent to the local Councils.

b) Notices (with copy orders) should also be sent, specifying in the letter that they must inform HCC if they would like to be notified if the Order is confirmed, to:

any statutory undertakers for apparatus under, in, on, over along or across that land.
If the order will result in a PRoW being added to the Definitive Map and Statement on land adjacent to or across an operational railway line, then notify Railtrack Plc for the appropriate zone (see Appendix C).
If the order will result in a PRoW being added to the Definitive Map and Statement on land adjacent to or across a watercourse, then notify the Environment Agency.
any person (on payment of such reasonable charge as the authority may consider appropriate) may request notice of orders (of a specified period, description and area).
such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate.

c) Notices are to be advertised as follows:-

They should be published in at least one local newspaper which is sold in the local area.

d) A Notice, accompanied by a plan showing the general effect of the order so far as it relates to that way, must be displayed as follows:-

In a prominent position at the ends of the lengths of footpath or bridleway which are to be created, stopped up or diverted by the order.
The notices must be displayed at the council offices in the locality of the land to which the order relates.
A copy of the Order and Notice must be deposited in Room 223 at County Hall for public inspection, with a memo explaining the dates they need to be available for inspection and that they should be returned to RoW after that time.
Other such places as the authority may consider appropriate.

Following publication of order and at the end of the objection period:

If no objections or representations are received, HCC can confirm the Order. Go to Stage 22.

If objections are received, go to Stage 9.

9. Objections & representations

If objections or representations are duly made they will need to be acknowledged.

To be duly made, they must be correctly addressed and received within the period specified on the Notice. Discretion may be used to accept objections or representations which arrive a day or two late or which have been incorrectly addressed.

Unless an immediate response is required, wait until the end of the publication period before replying. Discuss with the case solicitor and evaluate objections. Write a detailed reply to objectors and try, if possible, to get them to withdraw their objection.

If an objection to a public path creation order or a public path diversion order is received from a Statutory Undertaker on the grounds that the order provides for the creation of a public right of way over land covered by works used for the purpose of their undertaking or the curtilage of such land, then the matter is dealt with by Parliamentary procedure (in which case the remainder of this procedure does not apply).

If an objection (not later withdrawn) is received from the Local Authority then the matter will be dealt with by a Public Inquiry.

If all objections are withdrawn, HCC can confirm the Order, go to Stage 22 .
If there are outstanding objections, go to Stage 10 .

10. Decision about whether to submit an order to the Secretary of State

If any objections are left outstanding, then arrange a meeting between RoW Manager or Team Leader, Case Solicitor and Case Officer to decide whether to proceed with the Order.

If a decision is made not to proceed, go to Stage 28 .
To proceed with the order and submit it to the Secretary of State, go to Stage 11

11. Submit an order for confirmation

If objections are received and not withdrawn and HCC has decided to proceed, CSD will need to submit the Order to the Secretary of State for confirmation. It will need to be submitted to:- The Planning Inspectorate - Rights of Way section, 4th Floor, Temple Quay House, 2 The Square, Temple Quay, BRISTOL BS1 6PN

The submission should consist of all the documents listed below [SI 1993/11]:

2 sealed, dated and engrossed orders (from the Deed Packet). [At the same time the third order should be removed from the Deed Packet and placed back on file to await the Secretary of State's decision].
2 photocopies of the order with associated plan(s).
Any representations and objections not withdrawn, made with respect to the order, and the County Council's comments on these.
A statement, based on the Decision report, of the grounds on which the County Council consider that the order should be confirmed. (RoW should provide a copy of the Decision Report.) 'The authority's statement should not just repeat the criteria of the section of the Act under which it has been made. It must also explain why the order meets those criteria' (Public Path Orders, published by the Planning Inspectorate)
A copy of the notice publicising the order and a Certificate that the notices have been published, served and posted in accordance with the requirements of the Act. (CSD will provide the certificate, based on the details sent by RoW and letters from Parish Council/Meeting(s) and District/Borough Council(s) confirming that the Notice was displayed and the Order was placed on deposit at District/Borough Council offices.)
A Certificate that every Local Authority whose area includes the land to which the order relates has been consulted.
Map showing where an inquiry would probably be held, e.g. village hall.

If a local council has objected then a public inquiry must be held. Whilst it is possible to request that the matter be dealt with by written representations, it is for the Planning Inspectorate to inform HCC whether the matter will be dealt with by;

Written Representations, go to Stage 12.
A Public Hearing, go to Stage 13.
A Public Inquiry, go to Stage 14 .

12. Written representations

If the matter is dealt with by written representations, then each party is invited to comment on the other's case. An Inspector will make a site visit before a decision is made. The Planning Inspectorate booklet referred to above gives full details of this procedure.

Go to Stage 21

13. Public hearing

Public Hearings are similar to Public Inquiries, but are more restricted in that no public notice is given, and the right to be heard is normally limited to the authority and anyone who lodged an objection during the objection period. Witnesses may be called, so an objector may be able to call as witnesses at a hearing, people who would have spoken at a Public Inquiry if one had been held. A site visit may be held. The Planning Inspectorate booklet referred to above gives full details of this procedure.

Go to Stage 15

14. Public inquiry

These are held locally so that members of the public can attend and have the opportunity of having their say. The Order Making Authority (OMA) presents the case in support of the Order, and the objectors then present their case against the Order.

There is the opportunity for each side to cross examine the other. The Inspector will then hold a site visit. The Planning Inspectorate booklet referred to above gives full details of this procedure.

15. Prepare for public Inquiry/Hearing

Write to the following saying that the Order has been submitted to the Secretary of State for confirmation.

The applicant(s)
District/Borough Council(s) and Parish Council(s)/Meeting(s) which were consulted
Local County Councillor

Contact witnesses, if applicable, asking them if they will be available at the time the Inquiry or Hearing is likely to be held.

When CSD hear from the Planning Inspectorate that they wish to hold a public inquiry or hearing they must inform RoW, who will compile a list of suitable dates after consultation with objectors and potential witnesses. RoW will check available dates with the Planning Inspectorate, find a suitable venue and make a provisional booking. CSD will be able to give an indication of the likely duration of the inquiry or hearing. When a date has been agreed with the Planning Inspectorate, after consultation with CSD, RoW, objectors and witnesses, the booking should be confirmed.

The venue should ideally be near the disputed route, and will probably be a village hall. A checklist for deciding on the Inquiry/Hearing venue is included in Appendix D.

For a Hearing go to Stage 16 .
For an Inquiry go to Stage17 .

16. Notice of Hearing

Once a Hearing has been agreed, the Planning Inspectorate will notify objectors about it, giving at least 28 days notice.

CSD will contact the County Councillor and any landowners or adjoining landowners who are not objectors with the details.

RoW will confirm with the Planning Inspectorate the address of the Hearing venue.

The Planning Inspectorate will send RoW notices of the hearing, and plans, with instructions to arrange advertisement of the notice in a local newspaper and put notices and plans on site and on local noticeboards.

ES&A admin will arrange for advertisement of the Notice in the local newspaper(s) and keep an original of the advert.

RoW should also put the Notice up on site, check that Notices have been displayed at the District/Borough Council(s) and on the Parish Council/Meeting(s) noticeboards and complete an inspection sheet.

Go to Stage 18

17. Notice of Inquiry

Once an Inquiry date has been agreed with the Planning Inspectorate, an Inspector will be appointed. The Planning Inspectorate will inform the objector(s) and user groups with the details of the date and location of the Inquiry. They will send objector(s) a copy of the Council's Statement of Reasons.

RoW will confirm with the Planning Inspectorate the address of the Inquiry venue, and also confirm the date with CSD. CSD will contact the County Councillor and any landowners or adjoining landowners who are not objectors with the details of any Inquiry.

ES&A admin will arrange for advertisement of the Notice in the local newspaper(s) and keep an original of the advert.

CSD will need to obtain confirmation in writing from the District/Borough Council(s) and Parish Council/Meeting(s) that the Notices were displayed.

RoW will put the Notice up on site, check that Notices have been displayed at the District/Borough Council(s) and on the Parish Council/Meeting(s) noticeboard and complete an inspection sheet.

18. Prepare proof of evidence

Allow a minimum of 8 weeks prior to the Inquiry for preparation.
The proof of evidence is produced by RoW with agreement from CSD.
The Statement should be bound separately from the document bundle.
If witnesses are to be called, ensure that a written record of their statement is also prepared and copied.
Copies should be made of the Statement and Document bundle four weeks before the Inquiry/Hearing. Sufficient copies must be made for the Inspector, the objectors who will be present (or their representatives), and members of the public present at an Inquiry (these can be shared), 20-25 copies are usually sufficient for an Inquiry. Fewer will be needed for a Hearing.
A single sided copy of the statement and a copy of the Document Bundle with the route highlighted should be sent to the Inspectorate at least 3 weeks prior to the Inquiry.

Copies of the proof should be sent to the objectors in advance of an Inquiry or Hearing.

19. Prepare copy of opening speech

This will be done by the case solicitor in conjunction with RoW. It will comprise a summary of the evidence, possibly in the form of an historical 'story' in which the facts fit to provide an explanation of the current situation, any necessary legal submissions, and any modifications to the order which it is felt are needed.

20. Public Inquiry or Hearing

For check list of what to take, see Appendix D.

Prepare Venue

Arrive at venue at about 9.00 a.m., and arrange the furniture as necessary. Notices will need to be placed on the door(s) of the hall used for the Inquiry or Hearing.

The Inspector usually arrives about 9.30 a.m. for a 10.00 am start and should be asked if the layout of the room is suitable.

Put out attendance list and ensure that it is completed by all who attend.

An Inquiry

The Inquiry will start at 10.00 a.m.

The OMA will normally present the case first, with supporters of the case following.

Objectors have the opportunity to question the witnesses.

The objectors will then put forward their case as to why the order should not be confirmed or should be amended.

HCC (and supporters) have the opportunity to cross examine them.

Only witnesses can be 'cross examined'.

Normally there will be a site visit after the Inquiry has closed in which various features referred to during the Inquiry can be pointed out. No new evidence may be presented at this stage, and the Inspector must never be left standing talking to only one 'side'.

Remember to bring suitable clothing and footwear for the site visit.

A Hearing

A Hearing is much more informal than an Inquiry. The Inspector will clarify what the concerns are and the OMA will explain their case first followed by the objectors. Discussion is encouraged.

There may be a site visit during the Hearing or after the Hearing has finished. If the site visit takes place after the Hearing has closed the issues cannot be discussed but otherwise it is considered part of the discussion process. Remember to take suitable clothing and footwear for the site visit.

21. Inspector's decisions

Following the Inquiry, the Planning Inspectorate will issue the Inspector's Decision letter, which will set out the evidence presented at the Inquiry and the conclusion reached by the Inspector. It may be anything from one to six months before this is issued. If the decision has not been received after six months, follow it up with the Planning Inspectorate.

You will need to inform the Local County Councillor of the result.

If the Inspector has modified the order, return to Stage 7.
If the Inspector has decided to Confirm the Order as made OR with minor modifications, go to Stage 22.
If the Inspector has decided not to Confirm the Order, go to Stage 28 .

22. Confirmation

Unopposed Orders

Unopposed Orders can be confirmed by the County Council.

The three copies of the Order should be ordered from the strong room. At the end of the Order following the Seal on the 3 engrossed orders, the following words must be added:- 'The foregoing Order is hereby confirmed County Secretary Dated ......

The Orders should be signed and dated by the County Secretary and then distributed as follows:

One original to CSD Registry.
One original to Room 223A for Archives.
One original to RoW for the file.

Opposed Orders

If an Opposed Order is confirmed by the Secretary of State following a Public Inquiry, Hearing or Written Representations then:-

One copy will be retained by the Secretary of State.
The second copy of the Order will be returned to HCC, signed as a confirmed copy by the Inspector on behalf of the Secretary of State (with or without modification). This will then be sent to Room 223a for Archives.
The third copy which should be on the case file at County Hall needs to be amended and marked so as to reflect the Inspector's decision. This will be done by CSD as follows:'The foregoing Order was confirmed with/without modifications by the Secretary of State on......County Secretary Dated .......

This will then be sent to the County Secretary's Department Registry.

A copy of the Inspector's confirmed Order should be sent to RoW.

23. Notice of confirmation

Prepare Notice of confirmation and a plan in accordance with the regulations.

Prepare a timetable for the publication and service of the Notice of confirmation.

The same number of notices will be needed as last time, including notices addressed to 'the owner, occupier or tenant' if the owner of the subsoil of the route is unknown. The same number of plans of the confirmed route will be needed to accompany the notices on site. The plans may be the same as when the order was made or new ones may need to be made. ES&A admin will arrange copying and publication.

24. Publication of notice of confirmation

[WCA81 Sch 15 para 11, WC(Definitive Map)R93 para 4]

Place notices in newspapers. See Appendix D for publication timetable. ES&A admin to arrange advertising and to keep an original of the advert.

Send notice to interested parties.

Between 5-7 days before the notices will be published/served, the following should be sent, by recorded delivery.

To the District/Borough Council(s) previously consulted:-
- 2 copies of the confirmed Order and Plan,
- Notice of confirmation,
- Notice of confirmation addressed to the District/Borough Council(s),
- A covering letter asking them to display the notice, and keep a copy of the confirmed Order on deposit.
To the Parish Council/Meeting(s) previously consulted:-
- 1 copy of the confirmed Order and Plan,
- Notice of confirmation,
- Notice of confirmation addressed to the Parish Council/Meeting(s),
- A covering letter asking them to display the Notice.
To the landowner(s)/tenant(s):
- Copies of the Order and Plan,
- Personalised notices and letter marked with a warning as before.

The following parties should also be sent notice of the confirmation of the Order and copies of the confirmed Order.

User groups (see list made at time of serving the Notice of the making of the Order).
The statutory undertakers who expressed an interest when the Order was made.
The local County Councillor, if they previously indicated an interest.
The relevant CMS area and P3 where appropriate, enclosing a copy of the confirmed Order.

Deposit a copy of the order in Room 223a at County Hall. It should be made available for public inspection from the date the notice is to be advertised until the end of the 6 week High Court application period. It should then be returned to RoW.

Send a certificate to the Planning Inspectorate that the requirements have been satisfied. In practice, the Planning Inspectorate accept a copy of the confirmation Notice.

Place Notices on site. This will be done the day before the Notice of confirmation is published. Notices will be placed in the same positions as when the order was made.

Where an order has come into force other than on the date of confirmation, or a period specified beginning with that date, then notice must be published in at least one local newspaper circulating in the area. This can happen when the Order specifies that it will come into force on the date a Certificate is given stating that the route is in a fit condition for use.

25. High Court application period

An appeal to the High Court can be made during the 42 days following publication of the Notice of Confirmation. The appeal can only be made on the grounds that either the regulations were not complied with or that the Order made was outside the powers of the Act. If an application is made to the High Court, no further stages to be completed until the outcome is known.

If no application is made, then go to Stage 27 .
If an application is made for Judicial Review then go to Stage 26.

26. High Court appeal

On receipt of such application, the Court may by interim order suspend the order (either generally or in so far as it affects any property of the applicant) until final determination. The Court must be satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by failure to comply with the requirements. The court may quash the order or any provisions contained in it - either generally or in so far as it affects any property of the applicant.

If the application for Judicial Review is dismissed, go to Stage 27
If the order is quashed, go to Stage 28

27. Notification that an order has taken effect

Send a copy of the Confirmed Order and Notice of Confirmation to the Ordnance Survey addressed to: Mapping Intelligence (Rights of Way) Room C 626, Ordnance Survey, Romsey Road, Maybush, Southampton, Hampshire. SO16 4GU.

Send a copy of the confirmed Order to Land Charges (no Notice) specifying when the Order comes into operation.
Send a copy of the confirmed Order to CSD.
Send a copy to the Law Library to be placed in their Confirmed Order Volume.
Return the 3 Original Engrossed Confirmed Orders to Registry to be placed in a Deed Packet.

Go to Stage 29

28. Notification that an order was not made, not confirmed or was quashed in the High Court

a) If the OMA decides not to make an Order (Stage 5), then all those consulted about the proposed Order must be notified that an Order will not be made.

b) If the OMA decides not to confirm an Order, or NOT to send an opposed Order for confirmation (Stage 10) then they must notify every person who was notified of the making of the Order i.e. landowners, occupiers, lessees, Parish Council/Meeting(s) and Borough/District Council(s) and applicant, user groups etc. There is no requirement to publish a Notice to this effect in the newspaper. The three copies of the Order should be removed from the deed packet and marked as follows (This will be done by CSD.):

'HCC decided at a meeting on...... not to confirm the foregoing Order / not to send the foregoing opposed Order for confirmation by the Secretary of State. County Secretary Dated ......

The three signed and dated Orders should be distributed as follows:

One original to CSD Registry.
One original to Room 223A for Archives.
One original to RoW for the file.

c) If the Planning Inspectorate decides not to confirm an Order, the OMA must notify every person who was notified of the making of the Order i.e. landowners, occupiers, lessees, Parish Council/Meeting(s) and Borough/District Council(s) and applicant, user groups etc. There is no requirement to publish a Notice to this effect in the newspaper.

One copy of the Order will be retained by the Secretary of State.
The second copy of the Order will be returned to HCC, marked as not confirmed by the Inspector on behalf of the Secretary of State. This copy will be sent to Room 223a for Archives.
The third copy, which should be on the case file at County Hall, needs to be amended and marked so as to reflect the Inspector's decision. This will be done by CSD as follows:

'The foregoing Order was not confirmed by the Secretary of Stateas recorded in the Decision Letter (ref........) dated......County Secretary Dated ......

This will be sent to the County Secretary's Department Registry.

A copy of the Inspector's Order marked as 'not confirmed' should be sent to RoW.

d) If the Order has been quashed by a High Court all those persons who were served with Notice of Confirmation of the Order must be notified. The three Orders in the deed packet should be marked as follows:

'The foregoing Order was quashed in the High Court on......County Secretary Dated .....

The three signed and dated Orders should be distributed as follows:

One original to CSD Registry.
One original to Room 223A for Archives.
One original to RoW for the file.

Go to Stage 29

29. Close file

Sort the documents and file them.
Ensure database is updated.
Ensure that a copy of the Confirmed Order is in the Legal Changes file.
File a copy of the Confirmed Order and any Inspector's decisions in the appropriate filing cabinet.
File all other documents including a copy of the confirmed Order in box files making sure that it is in date order and labelled correctly.

30. Implementation

Orders sometimes require that certificates have to be issued before the path comes into effect. Blank certificate. Practical works required to bring a new/diverted path into effect should be programmed into forthcoming work programmes and if possible given priority so that the works are completed in the next financial year.

The route will need to be inspected to check that any practical works, signposting and waymarking have been carried out satisfactorily, and an inspection report filed.

Where there is a long time delay between confirmation and the path being useable, the Confirmation Notice may need to be republished. If appropriate see the Communications Unit about publicity.