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Diversion of rights of way (1) for the protection of sites of special scientific interest (SSSIs) and (2) temporary diversions for dangerous works.

Defra published a consultation paper on 4 August 2005 seeking views on two separate provisions which will enable the rights of way network to be managed more sustainably, respecting the needs of the environment, landowners and users. For further information about the consultation see:

SSSI diversionsImage of an SSSI site - a woodland area

SSSIs conserve and protect the best of England's wildlife, geological and physiographical heritage. These provisions will enable local highway authorities to divert public rights of way, following an application from Natural England, where public use of the highway is causing, or continued use of the highway will cause, damage to the special features of the SSSI.

The powers, which are contained in Schedule 6 of the CROW Act, and insert new sections 1129D and 119E into the Highways Act 1980, were commenced  on 21 May 2007. The associated regulations which provide clarity on the operation of these two provisions will come into effect on 1 July 2007. Defra has  issued non-statutory guidance on the new provisions to assist Natural England, local authorities and others.

For further information about SSSIs see:

Temporary diversions for dangerous works

These provisions, when they are commenced, will give occupiers of land a right to temporarily divert footpaths and bridleways on their land where works of a prescribed description are likely to cause danger to users.   

Page last modified: 7 June 2007
Page published: 17 July 2001

Department for Environment, Food and Rural Affairs