Legislation

The County Council may create a new Public Footpath or Bridleway by agreement with the landowner under section 25 of the Highways Act 1980: -

‘(1) A local authority may enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a footpath or bridleway over land in their area.’

An agreement under this section is referred to in this Act as a ‘public path creation agreement.’

Public path creation agreements

These powers are used more commonly than Creation Orders. Occasionally, a creation agreement is entered into with a landowner who is diverting or extinguishing another path, to provide an alternative route or added public benefit to the proposal.

Even where creation agreements form part of a larger scheme involving extinguishments, creation agreements should fulfil the criteria of the legislation on their own merits.