There follows an extract from The Countryside Agency publication: A guide to definitive maps and changes
to public rights of way (pages 30-31)
Because the need for the closure or diversion arises from the granting of planning permission, it is important
that the authority takes the existence of the path into account when considering the planning application
and consider what effect the development will have on the path. ...
But ... it should not be assumed that the order has to be made or confirmed simply
because planning permission exists.
The courts have held that there is a need to consider the merits of the proposed change and the effect that
it will have on the rights of those affected by it. The powers under this section are for an order to
be made to enable development to be carried out.
An order cannot be made or confirmed, therefore, if the development has already been completed, or is substantially
complete; some other way will have to be found of resolving the problem. (55, 216-222)
