Removal of Highway Rights (Stopping Up)
The term 'stopping up' means that once such an order is made, the highway land will cease to be a highway, road or footpath. Stopping up orders are often made because the public highway is no longer necessary or to allow development to take place.
Section 247 Town and Country Planning Act 1990
Section 247 Town and Country Planning Act 1990 is used to remove the highway rights 'stop up' to allow a development to take place if it has received or may receive planning permission.
Section 116 of the Highways Act 1980
Where areas of public highway are considered by the Highway Authority, to be surplus to highway requirements the highway rights can be extinguished (cancelled) by an order made by the Magistrates Court under Section 116 of the Highways Act 1980. When an order is made, this terminates the highway rights and frees the land from Highway Authority control and enables it to be enclosed or developed, subject to planning permission. The cost of this process, which covers legal fees and court fees must be borne by the applicant.
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West Northamptonshire Council
One Angel Square
Angel Street
Northampton
NN1 1ED
Last updated 11 August 2022