Early Public Rights of Way advice: Why timing matters

Early Public Rights of Way advice can make a significant difference to land management and development projects. Too often, access issues only come to light once plans are well advanced. By that stage, options may be limited, timescales tighter and costs considerably higher.

Why early Public Rights of Way advice matters

Public Rights of Way issues are often identified late in the process. A planning application may be ready to submit, building works may be due to start, or land may be changing ownership. However, a footpath crossing the site can quickly introduce legal and practical challenges.

Seeking advice early can help landowners, farmers and property owners:

• Identify Public Rights of Way affecting the land.
• Understand legal responsibilities and constraints.
• Assess whether a diversion or extinguishment may be possible.
• Build realistic timescales into projects.
• Avoid unlawful obstruction or enforcement action.
• Reduce the risk of objections and delays.

Benefits for landowners and professionals

For farmers, early advice may help address long-standing operational issues, such as routes passing through farmyards or livestock areas. Likewise, landowners considering development can address access matters before significant investment is made in design or planning work.

Solicitors, agents and other professionals also benefit from early specialist input. By identifying risks at an early stage, they can provide greater clarity and confidence to their clients.

Understanding the legal framework

Public Rights of Way law can seem complex. Nevertheless, the core principle is straightforward: these routes are legally protected, and any changes must follow the correct legal process.

The earlier access issues are recognised, the smoother the process is likely to be. Consequently, obtaining early Public Rights of Way advice can help reduce uncertainty and support successful project delivery.

At CD Access Consultancy, we provide practical advice on diversion orders, stopping up orders, Definitive Map issues and wider access matters. To learn more about our services, visit our Services page or Contact us to discuss your project.

For further information on access management and professional standards, visit the Institute of Public Rights of Way and Access Management (IPROW).