Highways Act 1980

Section 118 (1) of the Highways Act 1980 allows the County Council to make Public Path Extinguishment Orders where: -

‘….it appears to a council…that it is expedient that the path or way should be stopped up on the ground that it is not needed for public use, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way.’

Rarely used powers

These powers are used rarely, as it is extremely difficult to establish that any Public Right of Way is not ‘needed’ for public use; inevitably even a small number of people claiming that they need to use the path can cause an application to fail.

Create new routes

Extinguishment Orders are sometimes used to create new routes where new alternative routes are being concurrently created. However, when used jointly with Creation Orders, both Orders should fulfil the requirements of the legislation in their own right. 

Applying

Should you wish to apply for an Extinguishment Order, an application form can be downloaded here.
Extinguishment Orders are subject to consultation and objection in the same way that Diversion Orders are (see diversions).

Applications should be based on whether the path is needed, and not on evidence of use. The applicant should canvass the opinion of the landowner before applying and conduct their own preliminary consultations with the statutory consultees.