Public Path Order Notices: A Guide for Local Authorities

Public path orders are a legally sensitive tool for local authorities. This guide focuses on the Highways Act 1980 process and the Public Path Orders Regulations 1993. Orders under planning legislation and Welsh procedures should be checked against their own current rules.

What Is a Public Path Order?

A public path order (PPO) enables an authority to create, divert or extinguish specified public rights of way. The Highways Act 1980 includes section 26 creation orders, section 119 diversion orders and section 118 extinguishment orders. Section 25 concerns creation by agreement, not a section 26 public path creation order.

Additional powers exist under the Town and Country Planning Act 1990 for paths affected by development, and the Wildlife and Countryside Act 1981 has a separate definitive-map modification process. Do not reuse a Highways Act notice template without confirming which power is being exercised.

Types of Public Path Order

Local authorities most commonly deal with three types:

• Creation orders — establishing a new public right of way, often to serve a new housing development or improve connectivity between existing routes
• Diversion orders — rerouting an existing path, frequently required where a landowner or developer needs to move a path to facilitate works
• Extinguishment orders — permanently closing a path that is no longer needed for public use or is causing practical difficulties for a landowner

Each type has specific legal tests that must be satisfied before an order can be made. For diversions, the authority must be satisfied the new route is not substantially less convenient to the public. For extinguishments, the path must genuinely no longer be needed.

Advertising the Order: Statutory Notice Requirements

Once an order has been made, Schedule 6 to the Highways Act and the 1993 Regulations govern the notice form and procedure. The notice-of-making stage includes:

1. Publish a notice in a local newspaper circulating in the area in which the path is situated
2. Post site notices on or near the path at each end and at any junction with another path
3. Serve the prescribed notice and documents on the people and bodies required by the applicable provisions
4. Allow at least 28 days from publication for representations and objections

The notice must describe the order in plain terms — stating the path number, its location, the nature of the change, and where the order and map can be inspected. Any defect in this process can render the order vulnerable to legal challenge.

Confirmed and Unopposed Orders

If no duly made objections remain, the authority may be able to confirm the order itself. Where objections are made and not withdrawn, the order is submitted for confirmation. The decision route may involve written representations, a hearing or an inquiry. Confirmation is followed by a further prescribed notice; authorities should budget for more than one newspaper insertion rather than treating the making notice as the end of publication.

Authorities sometimes make errors by confirming orders prematurely or failing to handle objections correctly. Maintaining a clear and complete administrative record throughout the process is essential and will prove invaluable should a challenge arise.

Practical Tips for Council Officers

• Check newspaper coverage carefully. The notice must appear in a newspaper circulating in the specific area, not merely the nearest large-circulation regional title.
• Allow sufficient lead time. Weekly local newspaper deadlines can affect your 28-day window — factor publication schedules in from the outset.
• Retain proof of everything. Keep evidence of publication, postal service of documents, and site notices; these may be required if the order is challenged.
• Involve legal advisers early. Where complex ownership or anticipated objections are involved, engage solicitors at the drafting stage rather than after the order is made.
• Use the prescribed map scale. Regulation 2 requires at least 1:2,500 or, if that is unavailable, the largest scale readily available.

Simplifying the Publication Process

Start a public-path order notice to enter the affected location, review the proposed newspaper and total, and approve the copy before placement. Gazetted supports the newspaper-placement workflow; the authority remains responsible for selecting the statutory power, serving other recipients, posting site notices and confirming the prescribed evidence.

For wider procedural context, consult Defra's Rights of Way Circular 1/09.

Editorially reviewed 14 July 2026 against the linked official sources. General information only; use the current legislation and authority procedure for the order.