Natural England

Can (& should) compulsory purchase orders be used?
CPOs are usually employed as a last resort to acquire a property neglected by its current owner but with a clear use for the public good. We know of no precedent where an authority has used this process to acquire land - as opposed to simple negotiation - in order to create or complete a greenway route.   

Local authorities (and National Park authorities) do, however, have compulsory powers for the creation of footpaths and bridleways under section 26 of the Highways Act 1980. Where it appears to a local authority that there is a need for a footpath or a bridleway over land in their area, and that this will add to the convenience or enjoyment of a substantial section of the public, the authority can make an order. This must be advertised in a prescribed form. If unopposed the authority can confirm the order. If there is opposition then it will need to be confirmed by the Secretary of State.   

The effects on the rights of the person interested in the land (landowner or manager) must be taken into consideration and the owner/manager compensated accordingly. Ways created in this way automatically become maintainable at public expense. Landowners can also dedicate rights of way voluntarily, and enter into suitable agreements with local authorities including parish councils.

How can Greenways be created using Section 106 agreements? 
This can and has been done. One advantage of securing Greenways via Section 106 agreements is that they can also include funds for maintenance. 

An important step is to get local authority planners involved in the process early on. Involvement with the Steering Group is a good way of doing this. 

What is the legal definition of a Greenway? What is the difference between Greenways and Rights of Way? 
Unlike Rights of Way, Greenways do not have a legal standing as such. However, they can be dedicated as a Right of Way by the relevant Highways Authority. Even if not dedicated, they can still be subject to a formal agreement guaranteeing their status as an access route for a set period.