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Footpath Diversion Orders

You can only apply to the Local Authority to divert, extinguish and stop up footpaths and bridleways under section 257 of the Town and Country Planning act 1990 to allow development to proceed. If you require to divert, extinguish and stop up footpaths and bridleways for any other reason you will need to apply to Devon County Council.

Before a footpath or bridleway can be diverted you must obtain full planning permission. The process takes up to 6 - 12 months for a straightforward diversion. A contentious diversion can take several years if strong objections are made. Please download the Footpath Diversion Application Form along with Guidance on Footpath Diversion Orders to make an application.

What we need from you:

  • Application form completed with declaration signed
  • Justification for the proposed extinguishment, or stopping up or diversion
  • Plan to scale (the path must be shown in its entirety on 1 page at a scale of 1:1250, 1:2500 or 1:1000)
  • Copy of original Decision Notice
  • If the applicant is not the owner of the land then written consent from the land owner is required

We will advise how to make payment of the initial fee when the completed application form is received.

How much does it cost?

Diverting a footpath or bridleway can be costly. The process involves obtaining legal advice and advertising proposed diversions in local newspapers. There is a standard charge of £1500 to cover administrative costs, legal advice, site visits, postage and printing, plus £1500 to cover the cost of advertising, per application.

The applicant must pay the administrative and legal costs regardless of whether the application is successful. The initial fee is retained if the application is withdrawn/rejected following informal consultation and first advertisement.

Fees

  • Initial fee of £1000 paid with the application to divert the footpath
  • Final payment of £2000 paid before the order is confirmed and certified that the order is in place

Additional fees

  • £500 is paid before submission to the Secretary of State (SOS), if objections are received and the order is submitted to the SOS for a decision
  • £200 is paid for each additional path where it is included in the same order