A public rights of way (PRoW) consultant is a specialist in the law, management and development implications of public footpaths, bridleways, restricted byways and byways open to all traffic. On development sites that cross or adjoin public paths, a PRoW consultant identifies the impact, advises on the options for diversion or creation of paths, prepares the formal applications and negotiates with the local highway authority. Obstructing or closing a public right of way without following the correct legal process is a criminal offence - engaging a specialist at an early stage avoids costly delays during construction and planning.
What they do
- Identify public rights of way crossing or adjoining a development site
- Advise on legal options - diversion, extinguishment or creation
- Prepare Section 257 diversion applications to the local planning authority
- Draft definitive map modification order applications
- Negotiate permissive path agreements with landowners and highway authorities
- Manage the public consultation and objection process
- Advise on Environmental Land Management Scheme (ELMS) path creation
- Investigate and resolve path obstructions and disputes
When you need one
A PRoW consultant is needed at the planning stage of any development where a public right of way crosses or adjoins the site - and before any construction activity that might obstruct a path.
Typical costs (UK, 2025)
| Job type | Typical cost |
|---|---|
| PRoW assessment and advice | £500 - £1,500 |
| Path diversion application | £600 - £2,000 |
| Definitive map modification order | £800 - £3,000 |
| Legal agreement for permissive path | £400 - £900 |
| Creation order (new public path) | £800 - £2,500 |
| Obstruction investigation | £400 - £800 |
| Hourly rate | £60 - £100 / hr |
Costs exclude local authority fees for processing orders and any legal costs if a diversion is contested. Always budget for a public consultation period of at least 28 days in the programme.
Qualifications to look for
Many PRoW consultants have a background in local authority rights of way management and hold MCIHT. CIHT members are recognised by highway authorities for PRoW work on planning applications.
The most practically useful qualification is direct experience in a local highway authority PRoW team. Look for consultants who have worked as PRoW officers and understand the process from both sides of the table.
How to find a reputable PRoW consultant
Frequently asked questions
Can a developer move a public footpath?
Yes - under Section 257 of the Town and Country Planning Act 1990 the local planning authority can divert or extinguish a footpath, bridleway or restricted byway if it is necessary to enable development authorised by planning permission. An application must be made and the diversion must not be substantially less convenient for the public. The new route must be confirmed before the old route is obstructed.
What is the definitive map?
The definitive map is the legal record of all public rights of way in an area, maintained by the local highway authority. It shows the position and status (footpath, bridleway, restricted byway, byway open to all traffic) of each path. The definitive map can only be amended by a formal modification order - either to add a new route, upgrade an existing one, or correct an error.
What are permitted development rights for paths?
Creating a new permissive path (where the landowner grants temporary permission for public use but it does not become a legal public right of way) does not require planning permission and does not require a formal order. However, a permissive path can be closed by the landowner at any time. Creating a legal public right of way requires a creation order or agreement with the highway authority and cannot be revoked without a formal process.