Stopping up of footpaths under section 257 of the Town and Country Planning Act 1990

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

  • Stopping up of footpaths under section 257 of the Town and Country Planning Act 1990
  • What is s 257?
  • When should s 257 be used?
  • Necessary for development to be carried out
  • The procedure for making a s 257 order
  • Notice of the order
  • Publication
  • Confirming the order and dealing with objections
  • Statutory undertakers
  • Appeal rights and rights to legal challenge

Stopping up of footpaths under section 257 of the Town and Country Planning Act 1990

What is s 257?

Section 257 of the Town and Country Planning Act 1990 (TCPA 1990) applies to footpaths, bridleways and restricted byways affected by development. It allows a competent authority to authorise the stopping up or diversion of such routes if they are satisfied that it is necessary to do so in order to enable development to be carried out either:

  1. in accordance with planning permission granted under TCPA 1990, Pt III or TCPA 1990, s 293A (see: Necessary for development to be carried out below), or

  2. by a government department

A ‘competent authority’ is defined in TCPA 1990, s 257(4) as:

  1. in the case of development authorised by a planning permission, the local planning authority (LPA) who granted the permission or the Secretary of State or Welsh Ministers, where they would have had power to grant it

  2. in the case of development carried out by a government department, the LPA who would have had power to grant planning permission on an application in respect of the development in question if such an application had fallen to be made

  3. in the case of development in respect of which an application for planning permission has been made under TCPA 1990, Pt III, the LPA to whom the application has been made or,

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