Fourth stage - Publication
Public Path Orders follow a formal publication procedure.
Public Objection
If published, Diversion Orders are subject to a statutory period for public objection. If objections are received and are not withdrawn following written negotiation, the County Council cannot confirm a Diversion Order itself, but will normally forward it to the Planning Inspectorate for determination. This may result in a Public Hearing or Inquiry being held to determine the Order.
The County Council also has the option to abandon the Order if objections are received, and not send it to the Planning Inspectorate.
We may exercise this option in exceptional circumstances, for example, where the publication of the Order prompts objections and issues which were not evident at consultation and bring into question whether the Order meets the tests of the legislation.
We will be very stringent in our recommendations on whether or not an Order should be made in the first place; the onus lies with applicants to be flexible in dealing with objections that are put forward during the consultation stage.
If objections to your Order are received, please be aware that the timescale may extend indefinitely.