Apply to permanently divert a Public Right of Way

Exmoor National Park Authority processes applications for diversions on public rights of way within the National Park boundary on behalf of the 2 Highway Authorities (Somerset and Devon County Councils).

A public right of way can be moved to another location for various reasons, in the interest of the public, the landowner, or for development to take place.  The applicant must show that the new route will not be substantially less convenient for the public.

How To Apply

Exmoor National Park Authority usually process applications to divert public rights of way to improve land management, privacy or ease of use for the public.  As we are also the planning authority, we also process diversion applications that are required to allow development to take place.

It is usually the landowner of the public right(s) of way in question who applies for a diversion but agents or tenants may apply on behalf of the landowner.

Charges for diversions vary between authorities. We charge for our diversion orders on an hourly rate. As a rough guide, an unopposed order typically costs £1500 to £2000.

When considering the new route, you should think about the difference in length, any field boundaries that need to be negotiated and what kind of access would be required.  If creating a new junction with a road, you will need to consider how safe it might be for the public to use compared with the existing junction.

Please contact your Area Ranger for an initial discussion about the diversion proposal and to arrange a site visit. An application form and guidance notes are available by emailing access@exmoor-nationalpark.gov.uk.

Processing a diversion application begins with an informal consultation to check that the proposal is acceptable in principle.  Following any adjustments a statutory consultation follows with the order advertised on site and in the local press.  If there are no objections, the order can be confirmed, any works carried out and the new route certified for use by the public.

A simple diversion can take 6-9 months but several things such as third party interests and objections from the public can delay the diversion order process.

Applying to erect a New Gate across a Public Footpath or Bridleway

Exmoor National Park Authority processes applications for new gates on public rights of way within the National Park boundary on behalf of the 2 Highway Authorities (Somerset and Devon County Councils).

You must have permission to erect a new gate across a public footpath or bridleway on your land.  If you don’t, it means the gate is unauthorised and classed as an obstruction to the right of way.

Gates can be authorised where they are required to control livestock, for forestry purposes or for breeding or keeping horses.

If you wish to install a gate across a public footpath or bridleway for reasons other than the above, then please contact us for an informal discussion.

New stiles will only be considered in exceptional circumstances.

How To Apply

You should always apply for authorisation before putting in a new gate on a public footpath or bridleway. If you don’t, it could result in enforcement action being taken to remove the structure. If authorised, new gates must not be locked at any time.  Currently, legislation does not allow us to authorise gates on restricted byways or byways open to all traffic.

The landowner or occupier can apply although they must get consent from everyone who would be affected by the proposal.  The fee must be paid in advance by cheque / BACS payment.  There is a charge of £50 for one location, and an extra £10 for additional locations in the same locality.

It may be helpful to discuss your new gate with your Area Ranger before applying. An application form is available by emailing access@exmoor-nationalpark.gov.uk – we plan to have this form available online soon. Where other people are affected, please get them to fill in the consent form and attach this to your application.

Your application will be investigated and it may be considered that a local consultation is required.  Applications are usually determined in 4 to 6 weeks.

If your application is approved, we will send you a letter and certificate of authorisation which may contain conditions. Once installed, we will inspect the gate to ensure it conforms to your application.

Where possible, we encourage landowners to seek the most accessible type of structure to reduce inconvenience to members of the public.