Q&As

Can you amend or revoke a stopping up order made under section 247 of the Town and Country Planning Act 1990 after it has been published, for example, in circumstances where an agreed condition has been missed off?

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Produced in partnership with Emily Knowles of Sharpe Pritchard
Published on: 17 November 2022
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Orders under section 247 of the Town and Country Planning Act 1990 (TCPA 1990) authorise the ‘stopping-up’ and/or the diversion of any highway, to allow development to be carried out in compliance with a valid planning permission. Orders may also provide for the provision of new and/or improved highways if these also form part of the relevant planning permission.

Before a stopping up order is made, a draft order and public notice are produced which contain details of the proposal. These are then published and left open to consultation for a period of typically 28 days. During this period, as the order has not yet been made it remains open to objections and may be amended freely at the discretion of the order making authority.

We assume for the purpose of this question, that the reference to ‘publication’

Emily Knowles
Emily Knowles

Sharpe Pritchard

Emily is an associate solicitor in Sharpe Pritchard's planning and parliamentary team specialising in highways and town and country planning law. She has particular experience advising on and negotiating complex section 106 agreements and highways agreements for public and private sector clients securing essential infrastructure for estate regenerations, garden suburbs and scientific and agricultural developments. Emily advise clients on the pre-application process and negotiating heads of terms through to drafting the detail of the relevant agreement. She also has experience working in Sharpe Pritchard's Real Estate team and undertake title due diligence for major schemes. She has worked on a number of compulsory purchase orders for estate regenerations and highways schemes.

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United Kingdom
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