Q&As

A stopping up order ends public rights of way but does not affect private rights of way. If works are done to a road (ie a public highway subject to private rights) so that the route changes (partly stopping up/partly works), could it be argued that private rights have not been substantially interfered with, as this is permitted under highways law?

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Published on LexisPSL on 02/05/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • A stopping up order ends public rights of way but does not affect private rights of way. If works are done to a road (ie a public highway subject to private rights) so that the route changes (partly stopping up/partly works), could it be argued that private rights have not been substantially interfered with, as this is permitted under highways law?

The private rights are independent of the public rights viz-a-viz the highway. Therefore, the private rights persist. The details of the stopping up order should be examined for any illumination on the extent of the stopping up and its impact on any pre-existing private

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