Extinguishment of Public Rights of Way

It is the function of a Local Authority to protect the right of the public to use public rights of way in it’s administrative area.

Where a Local Authority proposes to extinguish a public right of way it must undertake a statutory public consultation process as specified in Section 73 of the Roads Act 1993. The extinguishment of public rights of way is a reserved function ie the decision must be made by the elected members.

The process is as follows –

1/ An application to extinguish a public right of way should be made in writing to the Senior Executive Officer, Roads Transportation and Public Safety Department and should be supported by a petition signed by the residents concerned/affected indicating their support for the proposal and the reason(s) for seeking the extinguishment.

 2/ The proposal is submitted to the relevant Municipal District for authorisation to commence the statutory process.

 3/ The proposal is published in one or more newspapers circulating in the area where the public right of way is located.

 4/ Site Notices are erected at each end of the public right of way the subject of the proposal.

 5/ The proposal is placed on public display.

 6/ Objections/representations are received.

 7/ An Oral Hearing is arranged if required.

 8/ The proposal, submissions, representations and the report from any Oral Hearing are considered by the relevant Municipal District.

 9/ The extinguishment is approved or rejected by the relevant Municipal District.

 10/ If approved the extinguishment is published in the same newspapers in which the proposal was published.

 11/ All persons who submitted objections/representations are notified in writing that the public right of way has been extinguished.

 12/ The extinguished public right of way is closed – the preferred method of closure is by the incorporation of the extinguished public right of way into the properties of adjoining residents.