Public Path Diversion Order achieved thanks to lawyer’s knowledge and skill

While diverting a public footpath sounds simple, the reality can be extremely complex, as clients of Brendon Lee’s found several years ago. In 2020, Mr and Mrs Smith applied for a Public Path Diversion Order – which diverts the route of a footpath. In this case, one that went through their garden. However, they had not anticipated the difficulty they would face with key stakeholders who opposed the application.

Having had the application initially refused by the Local Authority, Mr and Mrs Smith instructed Brendon Lee. Brendon intervened, asking the Local Authority to reconsider the case, which they had refused to do up to that point, and approve the application. In 2022, the Local Authority made the Public Path Diversion Order, but the key stakeholders continued to oppose it. As a result of this, the case was referred to the Planning Inspector for a hearing to determine a decision in June 2024. A fortnight later, their decision was made and the Public Path Diversion Order was confirmed.

Following the case, Brendon’s clients’ said: “It was an enormous relief to us, but we would have fallen at the first hurdle had we not engaged Brendon. His knowledge of the law, his expertise in the procedures that need to be followed from the outset to the Planning Inspector’s hearing was outstanding and faultless.

“His guidance enabled us to reach a successful outcome, in a procedure that really is not designed to enable ordinary people like us to confront and manage all the obstacles to achieving an order without legal advice.

“We enjoyed working in partnership with Brendon; he restrained us from too much emotional involvement, even though it is a highly emotionally charged process, and made sure we stuck to the process and evidence that backed our application. His responses to communications was always swift, intelligent and highlighted his experience in this field. We would have no hesitation in recommending to other clients who may find they are in need of legal help in these matters. ”