Creation orders
The second way of creating a new route on the rights of way network.
Legislation
Public Path Creation Orders may be made by the County Council under section 26 of the Highways Act 1980 where: -
‘it appears [to the County Council] that there is a need for a footpath or bridleway over land in their area and they are satisfied that, having regard to -
(a) the extent to which the path or way would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area, and
(b) the effect which the creation of the path or way would have on the rights of persons interested in the land, account being taken of the provisions as to compensation contained in section 28 [of the Highways Act 1980]
it is expedient that the path or way should be created.’
Compensation
Compensation as a result of a Creation Order is payable (under section 28 of the Act) where depreciation in value can be shown, or a person has suffered damage by being disturbed in their enjoyment of land.
Using creation orders
These powers are used rarely, and are normally brought into play as a last resort where the ownership of a route cannot be established (and therefore a creation agreement is not possible).
They are also sometimes used to create new routes where existing routes are being concurrently extinguished. However, when used jointly with Extinguishment Orders, both Orders should fulfil the requirements of the legislation in their own right.