LPA could handle planning and right of way applications together, says DEFRA consultation

Developers currently have to wait until after the grant of planning permission to apply for an order to divert or extinguish rights of way. Public objections can cause extra costs and delay for developers, as they are referred to the Planning Inspectorate.

The consultation (35-page /  392KB PDF) is part of a wider package of options aimed at speeding up the registration of unrecorded rights of way, which will be lost if they are not recorded by 2026, under the Countryside and Rights of Way Act 2000. 

The first option proposed by the consultation states that adherence to guidance should be encouraged. This would ensure that rights of way are addressed at an early stage "as an integral part of determining planning applications".

This approach seeks to reduce delays and public objections by early dialogue with interested parties. The legislative framework would stay the same and developers would still need to wait until after the grant planning permission for a rights of way order to be issued and consulted upon.

A second option in the consultation proposed to allow the existing rights of way order-making process to run concurrently with determination of the planning permission, rather than afterwards (as at present). 

This would shorten the overall process, but the rights of way process may lag behind the planning process, particularly if there are objections, the consultation said. Orders may also require further consultation if new planning conditions were placed upon the development that affected rights of way. 

Developers would still need to pay for all stages, including redundant stages, and it is anticipated that where planning permission is not granted, the rights of way order-making process would prove abortive. 

A new integrated process of applications is proposed as a third option in the consultation document. This would require the local planning authority to consider and decide upon the development proposals and any changes to rights of way as a single package. 

Under this option the existing provisions would be replaced by a combined application for planning permission and rights of way consent, comprising a planning application and a draft agreement. 

The agreement would be made available for public inspection and comments would be considered by the local planning authority. A public objector would still be given the opportunity to be heard by the Secretary of State.

"This [option] would remove the risk of duplication, and could make the application process shorter overall. It would also be more transparent to users of rights of way because all the temporary and permanent changes would be apparent from the outset and a second round of consultation would be unnecessary," the consultation said.

The proposed policy amendments could require changes to existing primary legislation, secondary legislation and published guidance, the consultation said.