A council planning an active travel route across private land may consider compulsory purchase, but in England that power faces a high public-interest threshold. It is not the only option: the Department for Transport has also identified creating a public path under the Highways Act 1980 as an alternative. The specific council and route behind this headline have not been verified, so no local scheme should be inferred from the example below.
What compulsory purchase means for a route
Compulsory purchase is a legal process through which a public authority can acquire land or rights over it without the owner’s agreement, subject to the applicable statutory process. For an active travel scheme, a council might consider it where a proposed walking or cycling route crosses private land. Considering that possibility is not the same as making an order, obtaining approval for one, or taking possession of land.
In a written parliamentary answer on 9 June 2025, the Department for Transport said compulsory purchase for active travel has a high bar: public authorities must demonstrate a compelling case in the public interest. The answer did not announce a new power or a change in the law. Department for Transport written answer 57534.
Compulsory purchase is not the only route to a public path
The same ministerial answer identified public-path creation under the Highways Act 1980 as an alternative to outright land purchase. Which mechanism is suitable depends on the scheme, the land and the rights needed; the available national statement does not determine what any particular council should use.
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- Acquiring land: the authority seeks to purchase the land through the compulsory-purchase process if agreement cannot be reached and the legal requirements are met.
- Creating a public path: the authority may pursue a path-creation route under the Highways Act 1980 rather than buying the land outright.
- Securing agreement: a council may also seek a negotiated arrangement with the landowner. The cited parliamentary answer names public-path creation as an alternative, but does not set out the terms or availability of negotiated rights for a particular scheme.
These options should not be treated as interchangeable shortcuts. The route’s public benefits, impacts on landowners, feasibility of alternatives and likely delay are relevant considerations, but the sources here do not provide project-specific evidence with which to weigh them.
What the Northumberland example does—and does not—show
A Northumberland Council decision record dated 12 November 2024 provides a concrete example of an early project stage. For the Hexham-to-Corbridge active travel scheme, the chosen alignment entered private land and compulsory-purchase powers might therefore be required. Cabinet approved the alignment and noted development of a compulsory-purchase process, while recording that a further detailed report and Cabinet approval would be required before any order was made. Northumberland Council decision record, 12 November 2024.
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That record does not establish that Northumberland made or completed a compulsory-purchase order for the land. Nor does it confirm that Hexham-to-Corbridge is the route referred to in this headline. It illustrates why the precise decision stage matters: route approval and work on a possible process are not proof that an order has been made.
What the 2025 parliamentary debate changed
On 10 June 2025, MPs debated a proposed clause in the Planning and Infrastructure Bill. It would have required the Secretary of State to issue or update guidance on what amounts to a compelling public-interest case for compulsory purchase, including for active travel routes. The proposal also referred to authorities making best efforts to consider alternatives, without requiring the selected route to be the only or best option. Hansard records that the clause was withdrawn after debate; it was not enacted law or a government policy change. House of Commons Hansard, 10 June 2025.
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A separate written answer on 9 June 2025 said Active Travel England was developing good-practice guidance for rural routes and that the draft then included compulsory-purchase case studies. That is a statement about a draft and anticipated guidance, not confirmation that final guidance was subsequently published. Department for Transport written answer 57535.
Wales has a separate policy context
The English ministerial answer should not be applied automatically to Wales. Welsh Government’s 2020 circular says compulsory-purchase orders made to facilitate an active travel route carry a strong public-interest case for environmental and social well-being. It directs acquiring authorities to consider guidance accompanying the Active Travel (Wales) Act 2013, under which local authorities map existing routes and facilities and identify those needed for integrated networks. Welsh Government, Compulsory Purchase in Wales and the Crichel Down Rules (Wales Version 2020).
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What remains unconfirmed about the headline scheme
The available official material does not identify the council, route or affected land behind the headline. It therefore cannot establish whether a council has merely warned that compulsory purchase may be needed, approved a process in principle, started preparing an order, or actually made one. It also does not establish land ownership, negotiations, objections, compensation, funding, route alternatives or a timetable. Those details require a confirmed local decision record or other attributable local source.
Nationally, the Department for Transport said it had no plans to evaluate the effectiveness of compulsory-purchase powers for active travel schemes or to keep a central record of councils’ use of them. That limits what can be concluded from central government records about how often councils use the powers. Department for Transport written answer 57534.
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