Understanding Section 257 Diversion Orders for Development

Section 257 diversion orders allow local authorities to divert or stop up a Public Right of Way when it is necessary to enable development to proceed. The power comes from Section 257 of the Town and Country Planning Act 1990.

In practice, these orders usually arise after planning permission has been granted and an existing footpath or bridleway crosses the development site. Consequently, the route may conflict with the approved scheme.

However, planning permission alone does not allow developers to obstruct or build over a Public Right of Way. Instead, they must complete a separate legal process to move the route lawfully.

When are Section 257 diversion orders used?

Before making an order, the authority must be satisfied that:

• Planning permission has been granted.
• The diversion is necessary to enable the development to proceed.
• The proposed replacement route is suitable.

Therefore, applicants should consider Public Rights of Way issues at an early stage of project design.

The Section 257 diversion orders process

The process normally involves:

• Preparing the proposed diversion route.
• Consulting statutory consultees and affected parties.
• Advertising the Order publicly.
• Considering any objections received.
• Confirming the Order, either by the authority or the Secretary of State if objections remain unresolved.

Although the process is well established, timescales can vary significantly. In particular, objections can extend the process by several months.

Why early planning matters

One of the biggest challenges with Section 257 diversion orders is timing. The legal process often takes many months, particularly when objections arise. As a result, delays can affect construction programmes and increase costs.

A well-prepared application with a sensible replacement route stands a much better chance of progressing smoothly. By contrast, poorly designed proposals or unrealistic timescales often create avoidable difficulties.

For landowners and developers alike, the key message is simple: if a Public Right of Way crosses land affected by planning permission, do not assume it can simply be closed. In most cases, a formal diversion order is required.

To learn more about Public Path Orders and access matters, visit our Services page or Contact us to discuss your project. Further information on the legislation is available through the Town and Country Planning Act 1990.