Section 73 of the Roads Act 1993 governs the extinguishment of public rights of way.
The process includes the following steps:
- Public Notice:
The Roads Authority must publish a notice in one or more newspapers circulating in the area. The notice must indicate the location of the public right of way proposed to be extinguished and where a map of it may be inspected. - Inspection and Objection Periods:
A minimum period of one month must be allowed for public inspection of the proposal, followed by a further two weeks for the submission of objections or representations. - Oral Hearing Option:
The notice must state that persons making objections or representations may request in writing to state their case at an oral hearing. - Signage:
A sign must be placed at each end of the public right of way proposed to be extinguished for a period of not less than 14 days. - Consideration of Objections:
The Roads Authority must consider all written objections and representations received. If deemed appropriate, it may appoint a person to conduct an oral hearing and must consider their report and recommendations. - Decision-Making:
The making of an order, and the consideration of objections, representations, and any report or recommendations, are reserved functions of the elected members. - Ministerial Approval:
Ministerial approval is required to give effect to the extinguishment of a public right of way on a regional or national road. - Final Notification:
The Roads Authority must publish a notice of the extinguishment in the same newspaper used for the original proposal and must notify in writing any person who made written objections or representations. - Effect of Extinguishment:
Where a public right of way is extinguished, the Roads Authority shall no longer be responsible for the maintenance of that road.