Guidance: Rights of way advice note 9: general guidance to inspectors on public rights of way matters.

Planning Inspectorate

October 14
14:35 2021


This advice note contains information on:

  • statutory provisions
    • Highways Act 1980 Creation of Rights of Way
    • public path extinguishment orders
    • public path diversion orders
    • rail Crossing extinguishment orders
    • rail crossing diversion orders
    • bridge or tunnel orders
  • creation agreements
    • Town and Country Planning Act 1990 cases
    • stopping up or diversion of FP or BW to enable development to be carried out
    • land held for a planning purpose
    • surface mineral workings
  • Acquisition of Land Act 1981 cases
    • extinguishment of non-vehicular rights of way
  • Wildlife and Countryside Act 1981 cases
    • definitive map orders
    • modification orders under Section 53
    • the effect of the Natural Environment and Rural Communities Act 2006 (Nerc)
    • evidence
Published 1 March 2001
Last updated 14 October 2021 +show all updates
  1. All reference to Wales removed

  2. Advice note no.9, paragraphs 2.3.8 to 2.3.12, have been amended in light of a Court of Appeal judgement and a further amendment has been made to paragraph 2.3.8 Test 2.

  3. Advice note no.9, paragraphs 27-31, have been amended in light of a Court of Appeal judgement.

  4. Email address updated to use new format.

  5. Links updated

  6. The definition in Appendix 2 for Local Authority under the Highways Act 1980 had been amended

  7. First published.

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