Stopping up and diversion of highways under Section 247 and 248 of the Town and Country Planning Act 1990 (incorporating changes to application requirements following the Growth and Infrastructure Act 2013)
An Order authorising the stopping up (removal of public rights of way) of any highway can be made, if the Secretary of State is satisfied to do so, to allow development to be carried out in accordance with a valid and relevant planning permission granted under Part III of the Town and Country Planning Act 1990.
The highway to be stopped up must be being developed upon and fall within the planning boundary or be a condition of the planning permission. The Order may also include the provision of new or improved highways as long as these also form part of the planning permission.
Stopping Up Orders under Section 248 authorise the stopping up or diversion of highways where they cross or enter the route of a proposed new (or improved) highway ("the main highway") or will be affected by the construction or improvement of the main highway for which planning permission is granted.
The Order may also include the provision of new or improved highways as long as these also form part of the planning permission. The Order may also include the stopping up of private means of access and provision of new means of access under Section 125 of the Highways Act 1980, in which case the application would need to be made by a Local Highway Authority.
Applications for Section 247 and Section 248 Orders can be submitted in advance of planning decisions being made or when the planning permission has been granted. Applications can also be made if the planning decision is subject to a planning appeal or has been called in by the Secretary of State. In cases where the planning permission decision has yet to be made, any draft Stopping Up Order published cannot be confirmed until planning permission has been granted.
Please note that the Secretary of State cannot make an Order under these provisions retrospectively and that applicants have no authority to stop up any highway until the decision to grant an Order has been published (unless an alternate order has been granted, such as a Traffic Regulation Order granted by the Highway Authority under section 14 of the Road Traffic Regulations Act 1984).
You should submit your application to:
National Transport Casework Team
Department for Transport
Newcastle Business Park
Newcastle upon Tyne
The process of making an Order takes about 13 weeks after receipt of all relevant documentation. However, it can take longer if your planning application has not been approved at the time of the Order application or if objections are received; the time taken would be significantly longer when there are unresolved objections. If objections cannot be resolved then a public inquiry or a written representations procedure may be undertaken to enable the Secretary of State to decide whether or not to make the Order.
There are currently no fees involved in this process for highways outside of London Borough Authorities.
You can also email the Department for Transport's National Transport Casework Team: firstname.lastname@example.org