Objecting to a Public Path Order
Unfortunately path orders are sometimes made which seek to close or divert routes. Often these are routes that people enjoy using and provide real benefits to the local community. But remember: as a member of the public you have a voice - here's some tips on how to use it!
Know the process
It's useful to understand where an objection from the public fits into the process of making a path order, and what influence your objection may have if you decide to submit one. Learn more.
Be clear
If possible, type your objection, making sure that it is clearly laid out. If your letter is long number the paragraphs to make it easier for the decision maker to refer back to it, and don't forget to state which path order you are writing about - local authorities often have several on the go at once. Don't feel that you have to use long words or make your opinions seem more complicated than they are - just say what you mean.
Be focussed
When a decision maker looks at your objection s/he will be looking for comments and points that relate to the factors that must be taken into account in deciding whether or not to confirm the order. These factors are known as 'tests' and are set out in the legislation under which the order has been made. An effective objection will explain why the order does not pass the tests, so this should be your main focus. It may also be that the order is technically flawed e.g. it may have missing parts or omit important details - such as the width of a new right of way. If this is the case it is important to object, because errors can cause serious problems in the future.
Keep a copy
Occasionally letters of objection from the public have been mislaid, and there's always the outside chance that your letter could get lost in the post. For these reasons it's really important to keep a copy of your letter of objection and any communication you receive from the authority in response.
Stick to the point
Remember that you are objecting to a particular order, not broader policy issues. There's no point raising irrelevant topics or using the objection process as a way of communicating general frustrations to a local authority.
Late to the debate?
A path order cannot be put into effect if there are any outstanding objections, so if you find out about an order late and don't have enough time to consider it before the 28 day objection period ends you can always lodge a holding objection to buy yourself some time. Once you have had chance to properly consider the matter you can write again, either to explain in full why you object to the order or to withdraw your holding objection.
Further Information
A guide to definitive maps and changes to public rights of way (ref. CA 142), by Natural England explains the procedures for changing the public rights of way network in detail.
The 'Blue Book', properly known as ‘Rights of way – a guide to law and practice’ has several chapters covering public path orders.
If you want to know what will be in a Planning Inspector's mind as s/he decides whether to confirm an order, take a look at the Planning Inspectorate website.