Public Path Order Notices: A Guide for Local Authorities

Public path orders are a routine but legally sensitive tool for local authorities in England and Wales. Whether you are a council officer managing a network of footpaths, a solicitor advising a planning authority, or a transport manager handling infrastructure changes, understanding the notice requirements for public path orders is essential. Errors in publication can invalidate an order entirely — a costly and time-consuming outcome for all parties involved.

What Is a Public Path Order?

A public path order (PPO) is a statutory instrument that enables a local authority to create, divert, or extinguish a public right of way — typically a footpath, bridleway, or restricted byway. The primary legislative framework is the Highways Act 1980, which grants local authorities in England and Wales powers to make such orders under sections 25 (creation), 119 (diversion), and 118 (extinguishment).

Additional powers exist under the Town and Country Planning Act 1990 (sections 257 and 258), which allow planning authorities to make path orders in conjunction with development, and under the Wildlife and Countryside Act 1981 for modifications to the definitive map. The Countryside and Rights of Way Act 2000 introduced further duties around public rights of way improvement plans, reinforcing the obligation on authorities to maintain an accurate and up-to-date record of their networks.

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

This is where many authorities encounter difficulties. Once an order has been made, there are strict requirements for advertising it, governed by the Public Path Orders Regulations 1993 (SI 1993/11). Authorities must:

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. Send a copy of the order and accompanying map to affected landowners, occupiers, and relevant statutory consultees
4. Allow a 28-day representation period during which objections may be submitted

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 objections are received within the 28-day period, the authority may confirm the order itself without further process. Where objections are received and not subsequently withdrawn, the order must be referred to the Planning Inspectorate for determination. The inspector may hold a public inquiry or conduct proceedings by written representations.

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 correct map scale. The order map must be at a scale sufficient to show the path clearly — typically 1:2,500 or larger in urban areas.

Simplifying the Publication Process

Placing statutory notices in local newspapers can be a significant administrative burden — identifying the right publication, submitting correctly formatted copy, and obtaining proof of insertion all consume officer time. Gazetted is a UK platform built specifically to make this straightforward for local authorities, solicitors, and licensing agents. Rather than managing separate relationships with multiple newspaper publishers, you can place public path order notices — and any other statutory notices — through a single service covering local newspapers across England and Wales as well as the London Gazette. This reduces administrative friction, ensures the correct publication is reached every time, and provides clear records for compliance and audit purposes.