Permanent Highway Closure (Stopping Up)
Please note that any land, even if privately owned, which is open and accessible for people to cross, is potentially a public right of way.
There are two main ways to stop up.
S247 of the Town and Country Planning Act 1990 (most applications use this)
- Application validation
- Internal Consultation
- Internal Report to approve formal consultation
- Formal Consultation for 4 weeks
- If no objections / objections withdrawn order can be made
- If there are objections letter is written to the Mayor of London / GLA to see if a public inquiry is required
- If a public inquiry is required, the inspectors report is sent to Council and based on the report a final decision is made.
- If a public inquiry is not required the order can be made.
S116 of the Highways Act 1980
This allows for a closure where the road is unnecessary or a nearer or more commodious (convenient) alternative will be provided.
The process is as follows:
- Application validation
- Internal Consultation
- Internal Report to approve formal consultation
- Formal Notification / Consultation
- Hearing at Magistrates court
- Case put forward by Council
- Objections and other views heard by magistrates
- Order made by magistrates or not