A guide for landowners, contractors or developers that need to temporarily close a Right of Way for planned works or in an emergency
This Authority acknowledges that it is sometimes necessary to temporarily close a Footpath, Bridleway or Restricted Byway (known collectively as ‘Rights of Way’) so works can take place; whether those are tree works, surface works, drainage, cable-laying or for development to take place.
Enquiries
When planning works that will affect a RoW, please contact this Authority for further advice:
- Naomi Green (Area Manager – North & East): n.green@northyorkmoors.org.uk
- Ben Jackson (Area Manager – West & South): b.jackson@northyorkmoors.org
What is a Temporary Closure Order (TCO)?
Made under the Road Traffic Regulation Act 1984, a Temporary Closure Order is a legal Order to temporarily close a Right of Way, suspending the rights of users for a specified period of time.
Why might you need one?
The Road Traffic Regulation Act 1984 gives the NPA the power to close a Right of Way. A suitable alternative route must be provided for the public to use wherever possible, and pedestrian access to properties must be available at all time. The NPA expects applicants to take into consideration local use of the path and not to restrict use for any longer than necessary.
Types of Closure Order
Applications can be made for a 5-day closure or a 6-month closure, depending on the length of the planned works. Closures can also be applied for in the case of an emergency too, see below.
Note: the lead-in times for processing the Temporarily Closure Orders below and ensure you apply in time to account for these.
- In an emergency: A Right of Way can be closed immediately for up to 21 days but only in instances where the path has suddenly become either inaccessible or dangerous to the public to use due to riverbank/cliff erosion, falling trees or damaged structures such as bridges, etc. The closure will be effective from the next working day. It is not available for any planned works.
- 5-day closure: This allows for short-term closures for up to 5 consecutive days, including weekends. Requests must be made a minimum of two weeks in advance of when the closure is required. Please note that if the works run over the 5 day period, the affected Right(s) of Way must be re-opened for a period of 7 days before another 5-day closure can be implemented.
- 6 months closure: Rights of Way can be closed for up to six months, and requests must be submitted 5-6 weeks before the closure is required. Please be aware that within this time period, the RoW should only be closed for the actual duration of the works. This Order is the most appropriate one for planned works as it allows for possible delays due to unforeseen circumstances such as poor weather, further works are required, etc.
Additional note:
A suitable alternative route must be provided for the public to use wherever possible, and access to properties must be maintained at all times. It is expected that applicants to take into consideration local use of the path and do not restrict use for any longer than necessary.
Applying for a TCO
When applying for a TCO, please note that you must complete and return the application form.
Download the TCO application form now
The following information will be required on the application form:
- Full name, address and contact details of the person(s) requiring the Order. These are required for the purposes of sending invoices to. If applicable, please include a reference name or number too.
- The status of the Right(s) of Way. If you’re unsure, please look at the Authority’s interactive map.
- Please provide the exact location of the path to be closed, what parish it is in and if possible, grid references too.
- Please give the time period for the works. The start and finish dates must be the actual dates as to when the works will start and finish (closures cannot be used for convenience purposes). This Authority will provide and erect on site the legal Notices and a map, but they must be maintained by the applicant at all times. Please be aware that the Order is only valid if and when the signs and maps are clearly present on site. They must be removed as soon as the work has finished, even if that is before the Order expires.
- Any alternative route should be provided for as long as it is safe to do so. This route should be available 24 hours a day, be easy to use and free from obstruction. A desired width for footpaths is 1.5m, 3m for a bridleway and 4m for a restricted byway.
- Please provide a brief explanation of the works and why the Right(s) of Way need to be closed. These details are required for the Legal Notice.
- If access to other people’s homes and property will be required through the works site, then this must be maintained at all times. Also, any hazards people face when accessing their home or property through the work site must be acknowledged and mitigation in place to avoid any problems or conflict.
- A name, company name (if applicable), address, telephone number and/or email address must be provided in case of any queries from the general public. These details will appear on the site notice, in the local papers and on this Authority’s website (for Orders longer than 5 days).
- The form cannot be processed if it hasn’t been signed and dated.
Current Charges for TCOs
| Time Period | Adverts in local paper | Notice Required | Estimated Total Cost * |
|---|---|---|---|
| Emergency (21 Days) | Not required | Next day | £500 - £600 |
| 5 days | Not required | 2 weeks | £500 - £600 |
| 6 months | 2 Chargeable Adverts | 6 weeks | £1,000 - £1,500 |
| Extension | 1 Chargeable Advert | 3-4 weeks | £1,000 |
*Please note that the local newspapers set the prices of the adverts themselves; but typically, it can vary from £300 - £500 per advert. The additional charges are for legal processing.
Applicant Liability
Please note, it is essential that the route is fully reinstated to at least its current condition, as the applicant could be liable for any injury to any member of the public using the route in the future. This is based on if it was established that an accident occurred due to the proposed works requiring the TCO.
In order for the applicant to protect themselves against any future liability, it is recommended that photographs are taken of the route before works commence and again after the works are completed, in order to provide evidence that the route was left in as good a condition after the works, as it was before.
Extension to 6-month TCOs
If it becomes apparent that the works will not be completed by the time the 6-month closure expires, then the applicant can apply for an extension. The Secretary of State can grant the extension and this Authority can apply on the applicant’s behalf, but 5-6 weeks’ notice must be given in order for matters to be processed and to ensure that the extension runs concurrently from the original Order.
If the original Order expires before an extension is granted, the affected Right(s) of Way must be re-opened for 30 days before they can be subject to another 6-month Order.