Section 136: Public rights of way

Planning Act 2008 · 2008 c. 29View on legislation.gov.uk

Part 7: Orders granting development consent — Chapter 1: Content of orders

An order granting development consent may extinguish a public right of way over land only if the Secretary of State is satisfied that—

an alternative right of way has been or will be provided, or
the provision of an alternative right of way is not required.

The following provisions of this section apply if—

an order granting development consent makes provision for the acquisition of land, compulsorily or by agreement,
the order extinguishes a public right of way over the land, and
the right of way is not a right enjoyable by vehicular traffic.

The order granting development consent may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.

Subsection (5) applies if—

the order granting development consent extinguishes the right of way from a date ("the extinguishment date") which is earlier than the date on which the acquisition of the land is completed, and
at any time after the extinguishment date it appears to the Secretary of State that the proposal to acquire the land has been abandoned.

The Secretary of State must by order direct that the right is to revive.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.