There are two routes to remove highway rights by stopping up a highway:
- Town and Country Planning Act 1990
- Highways Act 1980
Town and Country Planning Act 1990
Section 247 of this Act allows for the stopping up and/or diversion of any highway that is required in order to facilitate a development with a valid and relevant planning permission. It may also provide for the provision of new/improved highway which also form part of the planning permission.
This legal process must be completed before physical changes to the highway are made.
Where a stopping up/diversion is required in order to implement a planning permission, the stopping up/diversion is carried out under the Town and Country Planning Act. The decision on whether an order will be granted is made by the Secretary of State.
Where the highway is to be stopped up under the Act, an individual or developer will need to make an application to the Department for Transport. East Riding of Yorkshire Council does not have any involvement with this application.
Find out more about the process and how to apply on GOV.UK (external website)
Highways Act 1980
Section 116 of this Act allows the highway authority to apply for the stopping up/diversion of the highway where it
- is unnecessary, or
- can be diverted so as to make it nearer or more accessible to the public.
The application may completely remove highway rights or downgrade a route to a lower status such as a footpath or bridleway.
The application is made at a Magistrates' Court and can only be made by the relevant highway authority. Anyone else who wished to stop up/divert a highway may request the highway make an application on their behalf and at their (requestor's) cost.
If a request is received, the council will determine whether it is possible to stop up the highway. If we agree to make the application, the requestor is required to pay £2,000 to cover our basic costs in connection with making the application. This amount must be paid before the application process commences. In addition to these costs, should there be objections and the hearing at the Magistrates' Court is deferred, the requestor must pay for any additional costs which arise. The requestor will also be required to meet all of the costs of any highway alterations, diversion of any highway apparatus/statutory undertakers' plant and/or costs of entering into any wayleaves/easements that may be required as a consequence of the order.
It is up to the Magistrate to approve the application and there is no guarantee that the changes will be approved. Costs incurred will be recovered regardless of whether the application is successful.
Highway Stopping Up Procedure (65kb)
Highway Stopping Up Procedure Flow Diagram (31kb)
If you wish to explore the possibility of an application please contact firstname.lastname@example.org