Understanding Section 257 Diversion Orders for Development

A Section 257 Diversion Order is a legal tool used to divert a Public Right of Way when it is necessary to enable development to take place.

The power comes from Section 257 of the Town and Country Planning Act 1990.

In practice, this usually arises where planning permission has been granted for a development and an existing footpath or bridleway crosses the site in a way that conflicts with the approved scheme.

The important point is that planning permission alone does not allow a Public Right of Way to be obstructed or built over. A separate legal process is required to move the route lawfully.

To make a Section 257 Order, the authority must be satisfied that:

• Planning permission has been granted.
• The diversion is necessary to enable the development to be carried out.
• The proposed new route is suitable.

The process normally involves:

1. Preparation of the proposed diversion route.
2. Consultation with statutory consultees and affected parties.
3. Public advertisement of the Order.
4. Consideration of any objections received.
5. Confirmation of the Order, either by the authority or the Secretary of State if objections remain unresolved.

One of the biggest issues with Section 257 Orders is timing. The legal process can take many months, particularly if objections are lodged. That is why Public Rights of Way should be considered early in any project involving land development.

A well-prepared application with a sensible replacement route stands a much better chance of progressing smoothly. Poorly designed proposals, unrealistic timescales or attempts to deal with the issue late in the process often create avoidable delays.

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