Public Rights of Way

A straightforward diversion order is likely to cost - in total - in the region of £5,000. This includes an initial, non-refundable fee of £500.

Once we have assessed your application, we will provide you with a maximum figure. This will cover the cost of administrative fees and our specialist advice.

We will always try our best to adhere to the figure provided, unless one or more of the following applies:

1. Substantial changes are required to the scope of the application
2. Protracted negotiation is necessary, following objection to the proposal
3. Delays beyond our control occur

Our current hourly rate is £75 plus disbursements (for example, land registry information).

Please read our 2024/25 charges information for public path orders and agreements for more information.

We may divert a route under the provisions of section 119 of the Highways Act 1980 if we are satisfied:

• that it is in the interest of either the owner/lessee or occupier of the land crossed by the route AND/OR in the interest of the public to do so
• that the diversion will not make the route substantially less convenient to the public
• that the diversion is expedient having regard to the effect it would have on public enjoyment of the path as a whole
• with regard to the effect the diversion would have on other land served by the existing route
• with regard to the effect the diversion would have on the land crossed by the proposed route and other land held with it
• with regard to the effect the diversion would have on the needs of agriculture and/or forestry and on nature conservation.

If you would like to apply, please read our guidance notes on Public Path Diversion Order applications first.

To apply, please download and complete a Public Path Diversion Order application form and email it to public.realm@baberghmidsuffolk.gov.uk

You can also download the application form as a Word document, if preferred.

We may extinguish a route under the provisions of section 118 of the Highways Act 1980 if we are satisfied:

• that the route is not needed for public use
• the extent to which the route would likely to be used, if not extinguished
• the effect the extinguishment would have on land served by the route

If you would like to apply, please read our guidance notes on Public Path Extinguishment Order applications first.

To apply, please download and complete a Public Path Extinguishment Order application form and email it to public.realm@baberghmidsuffolk.gov.uk

You can also download the application form as a Word document, if preferred.

We may create a route under the provisions of section 118 of the Highways Act 1980 if we are satisfied:

• the extent to which the proposed path or way would add to the convenience or enjoyment of a substantial section of the public or
• the extent to which the proposed  path or way would add to the convenience or enjoyment of people who live in the area
• the effect the proposed path or way would have on the rights of people who are interested in the land

If you would like to apply, please read our guidance notes on Public Path Creation Order applications first.

To apply, please download and complete a Public Path Creation Order application form and email it to public.realm@baberghmidsuffolk.gov.uk

You can also download the application form as a Word document, if preferred.

In Babergh, there are currently the following public notices about Public Path Orders

Lavenham Footpath 2(part) Public Path Diversion Order 2024

• Babergh District Council (Lavenham Footpath 2(part)
• Public Notice - Lavenham Footpath 2(part)
• Explanatory Statement - Lavenham Footpath 2(part)

Polstead Footpath No 35([part)) Public Path Diversion Order 2021

You are able to access all documents submitted to the Planning Inspectorate on our website.

Notice of proposed modification to the order

• Notice of Proposal to modify the public path order
• Public path order as made
• Public path order as modified 
• Inspector's Interim order decision dated 08/02/24