Legislation and Policy
Any application for a PPO must meet the tests laid out in the relevant legislation. The legislation can be summarised as follows:
i) A path can be extinguished under section 118 of the Highways Act 1980 only if it can be shown that it is no longer needed for public use.
iii) A path can be diverted or stopped up under section 257 of the Town and Country Planning Act 1990 in order to allow development to take place.
The legislation contains other legal tests which must also be met and taken into consideration. The Authority will also consider any application in relation to its PPO Policy. The Policy identifies a number of additional criteria against which any application will be judged. These include, connectivity, safety, equalities impact, status, gaps & gates, width, gradients. features of interest and maintenance.
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