Application for temporary closure of public rights of way - guidance notes
Road Traffic Regulation Act 1984
These guidance notes set out the criteria for an application to temporarily close a public right of way, under the provisions of the Road Traffic Regulation Act 1984.
The County Council reserves the right to refuse to process an application for a temporary closure in the event that any monies owed for previous closures remain outstanding at the time of application.
Obstructing a public right of way without the necessary closure in place is an offence under the Highways Act 1980. Hampshire County Council, as the highway authority, can require the removal of any unlawful obstruction. If the obstruction is not removed the County Council has the power to take action to remove the obstruction and recover any costs incurred. No surface alterations to the surface of a public right of way are permitted without the County Council’s prior approval.
If the submission of an application for a closure order does not give us sufficient time to advertise the closure in line with statutory requirements, a closure notice will need to be issued, which will incur an additional charge.
- Temporary closure order
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We may make a temporary closure order if we are satisfied that:
- works are being, or are proposed to be, executed on or near the right of way, or
- there is a potential danger to the public or the likelihood of serious damage to the right of way, or
- the right of way should be closed, or its use restricted, to facilitate the holding of a special event, such as a sporting or social event
- Period of closure
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We can authorise the closure of a right of way (including any required extensions) for up to a maximum period of six months. If the closure needs to be extended beyond six months, a referral must be made to the Department for Transport, which may subsequently authorise an extension.
- If works will not be completed on time
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Contact us in plenty of time if it becomes apparent that works will not be completed on time.
Your application will be referred to the relevant Countryside Access Area Manager for approval. If the Countryside Access Team has any questions regarding your application, they will contact you. Approval of the proposed closure will be granted once the period of closure, the extent of the path being closed, alternative arrangements for the public and, if appropriate, the reinstatement of the path have been reviewed and authorised.
- Application requirements
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We will require you to
- complete all parts of the application form
- provide the relevant Public Right of Way path number, using the link provided within the online form when prompted
- provide an alternative route where possible
- notify anyone who uses the path to get access to an adjacent property of the proposed closure in advance
- provide a contact name and telephone number (which may be displayed on notices or provided to the public)
- display notices and a map at each end of the path(s) to be closed, maintain them there until works are complete, and provide photographic evidence that the notice(s) have been posted (we will normally send you copies of the notices and maps via e-mail but if this presents a problem, let us know)
- minimise the disruption caused to local users as a result of the closure
- re-open the right of way as soon as a temporary closure expires or is no longer needed, remove notices, reinstate the path to an acceptable standard, and inform us that the path is open. You will be responsible for the cost of any reinstatement