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Rights of way - enforcement

Generally speaking, the Local Planning Authority is not able to take enforcement action over unauthorised blockings or diversions of public rights of way.

It does not have any general powers in this respect. The enforcing authority is the Council as highway authority.

The only cases in which the Local Planning Authority can take action are those in which the blocking of the public right of way results from a breach of the planning permission, either:

• the permission has not been carried out in accordcance with the approved plans;
• a condition of the planning permission has not been complied with.

In such cases the Local Planning Authority's enforcement action will be against the breach of planning control and not against the blocking of the public right of way. But the effect of the action may result in the removal of the blockage.

The Council can take action over blocked or disputed private rights of way. Anyone affected in this way should consult a solicitor.