S257 Footpath Diversion Orders

The provisions of Section 257 of the Town and Country Planning Act 1990 allows for the diversion or stopping up of public footpaths and bridleways where it is necessary to enable a development to take place in accordance with planning permission.

Planning permission granted does not mean that the public right of way will therefore automatically be diverted or stopped up.  The disadvantages or loss likely to arise from the stopping up or diversion of the way to members of the public or to persons whose properties adjoin or are near the existing highway should be weighed against the advantages of any proposed Order.

Please note that a S257 Footpath Diversion Order cannot be made retrospectively and must be in place before development works affecting the PROW route begin.  

S257 Footpath Diversion Applications

You can make your request to Tendring District Council to stop up or divert a footpath/bridleway to enable development relating to planning permission.  Tendring District Council is the Order Making Authority for the legal order. However, it will be processed by Essex County Council.

You must submit:

• Stopping Up or Diversion Order Application Form

• A PLAN showing the existing and proposed alternative paths

• A case justifying the proposed stopping up or diversion

• Administrative fee of £225.

Please submit the completed form and required documentation to dcadmin.planning@tendringdc.gov.uk.  

Please call 01255 686190 to pay Tendring District Council’s administrative fee.  Essex County Council will invoice you separately for their costs.

The Process

Upon receipt of a valid request to Tendring District Council, we will instruct the Essex County Council Definitive Map Team to start processing the application.

County will carry out a 28-day informal consultation process and assess any objections if received.  

After this consultation period, the Order will be drafted by County and forwarded to Tendring District Council for sealing.

Once the Order is complete, a 28-day formal consultation will take place, seeking comments on the sealed order, plan and site notice.  Any objections at this stage will be assessed.

Unless an order is opposed, once the consultation period expires County will confirm the Order.  N.B. an order can only be confirmed once planning permission is granted.

If an order is opposed, this will be sent to the Secretary of State for determination.

S257 TCPA orders are normally also subject to certification of the new route/s. Where this is the case, the PROW will not legally be diverted until/unless the new routes have been certified and this certification advertised in a local newspaper.

Footpath Extinguishment & Diversions under Section 118 & 119 of the Highways Act

Changes to public paths may be made using Public Path Orders made under the Highways Act which are concerned with matters of landowner interest.  These Orders are not as a direct consequence of development.  To apply for changes to a public path, unrelated to planning permission, please contact Essex County Council: ECC Permanent Diversions and Extinguishments.

Please e-mail the Planning Technical Team at dcadmin.planning@tendringdc.gov.uk if you have any questions regarding a S257 Footpath Diversion Orders.  The team can liaise with Essex County Council Definitive Map Team as necessary to assist with enquiries.