Stopping up and diverting footpaths under sections 118 and 119 Highways Act 1980

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Stopping up and diverting footpaths under sections 118 and 119 Highways Act 1980
  • Deciding which order to make
  • Stopping up of footpaths, bridleways and restricted byways
  • Test
  • Making the order
  • Costs
  • Notice
  • Confirmation of the order
  • Timescales
  • Diversion of footpaths, bridleways and restricted byways
  • More...

Stopping up and diverting footpaths under sections 118 and 119 Highways Act 1980

This Practice Note covers the powers and procedures for stopping up and diverting footpaths under sections 118 and 119 of the Highways Act 1980 (HiA 1980). For an overall comparison of other powers to stop up and divert rights of way, see Practice Note: Powers to stop up and divert highways and footpaths.

Deciding which order to make

If the proposed stopping up or diversion order affects footpaths or bridleways only, the order should be made under section 257 of the Town and Country Planning Act 1990 (TCPA 1990) rather than TCPA 1990, s 247 which relates to highways.

See Practice Note: Powers to stop up and divert highways and footpaths.

HiA 1980, ss 118 and 119 are used where the development affecting the footpath, bridleway or restricted byway is substantially complete. If the development is not complete, TCPA 1990, s 257 should be used.

See Practice Note: Stopping up of footpaths under section 257 of the Town and Country Planning Act 1990.

Stopping up of footpaths, bridleways and restricted byways

HiA 1980, s 118 gives highways authorities discretionary powers to extinguish a path where the path is not needed for public use.

Orders made under HiA 1980, s 118 are known as 'public path extinguishment orders'.

While a public path extinguishment order under HiA 1980, s 118 must

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