Highways Act 1980

135 Temporary diversion of path or way ploughed up under section 134

(1) If on the application of the occupier the highway authority are satisfied that it is expedient in the interests of good farming that the period of 6 or 3 weeks mentioned in section 134(4) above should be extended the highway authority may—

(a) order the temporary diversion of the path or way until such date as may be specified in the order, being a date not more than 3 months after the time when the occupier began to plough the footpath or bridleway, and

(b) by the order extend the period of 6 weeks or 3 weeks mentioned in section 134(4) so as to expire on that date.

(2) On the making of the order the highway authority shall forthwith cause a copy of it to be displayed in a prominent position at the ends of the diversion.

(3) In deciding whether to make an order under this section a highway authority shall take into account the interests of the users of the path or way.

(4) An order under this section diverting a path or way—

(a) shall not affect the line of a path or way on land now occupied by the applicant,

(b) shall not divert any part of the path or way on to land not occupied by the applicant, unless written consent to the making of the order has been given by the occupier of that land, and by any other person whose consent is needed to obtain access to the land,

(c) may require as a condition of the taking effect of the order the provision of any necessary facilities for the convenient use of the diversion,

and the highway authority may enter into an agreement with the applicant for the provision of any such facilities by the highway authority at the expense of the applicant.