Once a public right of way comes into existence it will continue to exist indefinitely and these rights can only be brought to an end by a legal order.  Disuse of a public right of way will not affect the existance of a public right of way.

An extinguishment order can be made only if the Authority considers it expedient that the way should be stopped-up because it is "not needed for public use".  The Authority must disregard temporary circumstances, including any buildings or other structures preventing or diminishing the use of the way. 

 

Furthermore, paragraph 2.5 of the Authority's Public Path Order Policy states that; "The Authority does not generally support applications for extinguishment orders unless they are part of a wider package with compensating public benefit. The Authority will accept stand-alone applications for extinguishments only in exceptional circumstances."

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