Section 257 Footpath or Bridleway Stopping Up or Diversion Order
Publisher one
Genie AIJurisdiction
England and WalesRelevant sectors
Type of legal document
🏢 Stopping up orderBusiness activity
Make draft orderA stopping up order is a legal order that allows a local authority to close a public right of way. The order can be used to close a footpath, bridleway or road. The order can also be used to stop up a public footpath or bridleway that crosses private land.
In the UK, footpaths and bridleways provide crucial access for pedestrians, cyclists, horse riders, and the general public to explore and enjoy the countryside. However, there are occasions where it may become necessary to permanently close or divert these paths due to various reasons, such as public safety concerns, land development projects, infrastructure changes, or environmental considerations.
The purpose of this legal template is to provide a framework for local authorities, landowners, and relevant parties involved in stopping up or diverting a specific footpath or bridleway in compliance with Section 257 of the UK Highways Act 1980. This section of the law governs the procedure for modifying public rights of way and ensures that the process is conducted lawfully, transparently, and with proper consultation.
The template typically includes various sections and clauses, which may include but are not limited to:
1. Background: This section provides a brief overview of the reasons justifying the proposed stopping up or diversion, outlining the public interest or necessity behind the decision.
2. Statutory Powers and Legal Basis: This section references the relevant legislation (Section 257 of the Highways Act 1980) that grants the legal authority to make such orders and further outlines the procedural requirements that need to be followed.
3. Consultation Process: This section outlines the steps taken to consult with relevant parties, such as local authorities, landowners, affected communities, user groups, and other stakeholders. It establishes the importance of proper consultation and invites feedback from interested parties.
4. Proposed Diversion or Stopping Up: This section provides a detailed description, plan, and map of the proposed diversion or alternative route in case of stopping up. It aims to demonstrate the intention to, if possible, provide an alternative means of access for affected users.
5. Rights of Objections and Appeals: This section explains the rights of those who wish to object or make representations against the proposed order, including the process for submitting objections and any subsequent appeals.
6. Decision-making Process: This section outlines the decision-making process, including the consideration of objections, assessment of the order's merits, and potential modifications or conditions to address concerns raised during the consultation phase.
7. Procedures for Publicizing and Implementing the Order: This section details the legal requirements and procedures for publicizing the order, including timelines, public notices, and dissemination methods. It also highlights the legal obligations of relevant parties to implement the order.
Overall, this legal template serves as a comprehensive and structured guide for drafting a Section 257 Footpath or Bridleway Stopping Up or Diversion Order, streamlining the process, ensuring legal compliance, and promoting transparency in public rights of way management.
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