Local authorities can make path orders which, if confirmed, can create, close or divert rights of way. The path order-making process includes a mandatory public consultation, so 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 public consultation fits into the process of making a path order, and what influence your representation may have if you decide to submit one. Learn more.
Be clear
If possible, type your representation, 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 representation 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 representation will explain why the order does or does not meet the tests, so this should be your main focus.
It may 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. It is important to highlight technical flaws by way of a representation, because if unchecked they can cause serious problems in the future.
Keep a copy
Occasionally representations 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 representation(s) and any communication you receive in response from the order-making authority.
Stick to the point
Remember that you are commenting on a particular order, not broader policy issues. There's no point raising irrelevant topics or using the consultation 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 representations, 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 make detailed representations of to withdraw your holding objection.
