Transport

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.