Powers to stop up and divert highways and footpaths
Powers to stop up and divert highways and footpaths

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Powers to stop up and divert highways and footpaths
  • Purpose
  • Legislation
  • Guidance
  • Planning applications
  • Timescale
  • Deciding which order to make
  • No effect on private rights of way
  • Procedure under the TCPA 1990, Part X
  • Charges for making orders
  • more

Purpose

Highways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. When a road is 'stopped up' it means that the public no longer has the right to use it.

Legislation

Powers to stop up and divert highways are contained in:

  1. sections 247, 248, 249, 253 and 257 of the Town and Country Planning Act 1990 (TCPA 1990)

  2. sections 116, 118 and 119 of the Highways Act 1980 (HiA 1980)

Guidance

The Rights of Way Circular (1/09) (the Circular) provides advice to local authorities on recording, managing and maintaining, protecting and changing public rights of way.

The government has published guidance for applicants in England on how to apply for a stopping up order to close or divert a highway.

The Welsh government has published guidance for applicants on the requirements and procedures for the stopping up of highways under TCPA 1990.

Planning applications

In preparing planning applications, developers should assess the impact of the proposed development on all highways and routes across the site and include a statement of the effects within the planning application. Any necessary highway diversions should be included within the design of the development.

It is the developer's responsibility to consider whether a stopping up application should