• Footpath diversion orders

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.

A Section 257 footpath diversion order cannot be made retrospectively and must be in place before development works affecting the public rights of way (PROW) route begin.

Apply for a footpath diversion

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

You must submit:

Email contactlegal@eppingforestdc.gov.uk with the completed form and required documentation. They will provide bank details for payment of costs.

 Essex County Council will invoice you separately for their costs.

The process

Upon receipt of a valid request to Epping Forest District Council, we will instruct the Essex County Council Definitive Map team to start processing the application. They will conduct a 28-day informal consultation process and assess any objections received. 

After this consultation period, the order will be drafted by Essex County Council and forwarded to Epping Forest  District Council. 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 Essex County Council will confirm the order.

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.

Section 257 Town and Country Planning Act 1990 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 is advertised in a local newspaper.

Footpath extinguishment and diversions under Section 118 and 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, contact Essex County Council. Information and contact details can be found on their website:

More information