Highways Act 1980

Prospective

[F1118ZA Application for a public path extinguishment order.E+W

(1)The owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses may apply to a council for the area in which the land is situated for the making of a public path extinguishment order in relation to any footpath or bridleway which crosses the land.

(2)An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed, showing the land over which it is proposed that the public right of way should be extinguished, and by such other information as may be prescribed.

(3)Regulations may provide—

(a)that a prescribed charge is payable on the making of an application under this section, and

(b)that further prescribed charges are payable by the applicant if the council make a public path extinguishment order on the application.

(4)An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.

(5)A council which receives an application under this section shall determine the application as soon as reasonably practicable.

(6)Before determining to make a public path extinguishment order on an application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any compensation which may become payable under section 28 above as applied by section 121(2) below.

(7)Where—

(a)an application under this section has been made to a council, and

(b)the council have not determined the application within four months of receiving it,

the Secretary of State may, at the request of the applicant and after consulting the council, by direction require the council to determine the application before the end of such period as may be specified in the direction.

(8)As soon as practicable after determining an application under this section, the council shall—

(a)give to the applicant notice in writing of their decision and the reasons for it, and

(b)give a copy of the notice to such other persons as may be prescribed.

(9)The council to whom an application under this section has been made may make a public path extinguishment order on the application only if the land over which the public right of way is to be extinguished by the order is that shown for the purposes of subsection (2) above on the map accompanying the application.

(10)Any reference in this Act to the map accompanying an application under this section includes a reference to any revised map submitted by the applicant in prescribed circumstances in substitution for that map.

(11)This section has effect subject to the provisions of sections 121A and 121C below.

(12)In this section—

  • “prescribed” means prescribed by regulations;

  • “regulations” means regulations made by the Secretary of State.]

Textual Amendments