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Overview of the process听

This guidance covers applications for stopping up under Sections 247, 248 and 253 of the Town and Country Planning Act.

You can also apply for stopping up orders under other sections of the act.

Stopping up is the legal process used to close a highway. This is required whether it is a small strip that would narrow part of a pavement or a whole road. All public rights of way - whether open to vehicles, horse riders, cyclists or pedestrians - are highways.

You will need to:听

• talk to the highway authority about the areas to be stopped up

• complete the application form, including uploading planning permission documents and plans听

• respond to any questions that the Department for Transport have听

• display the draft notice that we send you听

• resolve, or try to resolve, any objections that we send on to you听听

• display the made notice that we send you, if the order is made

Apply to close or divert a highway.

Documents you will need to provide in your application听

You need to show that you have, or are in the process of getting, planning permission. You will need to provide one of these:听听听

• granted planning permission听decision notice听

• a copy of your submitted planning application听

• a certificate or note from your local authority saying this is a permitted development and you do not need planning permission听

You will also need to provide plans that show:听

• 听the current site听

• what the area will look when the development is completed听

• the site and highway boundaries听

• the highway(s) that you are applying to stop up听

More details on the plans are given in the Plans section of this guidance.

Plans that you will need to provide

Plan(s) showing听boundaries听

You should provide plans that show:听

• the site boundary

• the existing highway boundary within the site

• what the area will look like when the development is completed听

• a North pointer听

You can submit these on one or multiple plans.听

Do not send copies of the elevation plans.

Stopping up plan听听

Your stopping up plan should show the changes you will make, including:听

• the highway to be stopped up 鈥� in zebra hatching or black outline听

• new highways 鈥� in stipple听

• improvements 鈥� in cross-hatching听

• new footpaths 鈥� in vertical hatching听

These are shown in our example stopping up plans.听

It should show information about the area, including:听

• the existing highway layout听

• some of the surrounding area, so people can see where the stopping up is taking place听

• street names听

• building numbers or names near the area to be stopped up听

• a North pointer听

听Your plans should be:听

• true to scale听

• drawn to a scale of 1:1250 or 1:500听

• A3 or A4 size听

• based on Ordnance Survey听

• in black and white听

• dark enough to be photocopied听听

• uploaded in PDF format and say what size they should be printed听

听The measurements on your stopping up plans must match the measurements you provide in your application form. If the measurements do not match, we will contact you to correct them.听

We have example stopping up plans on the homepage to help you.

File types听

You can upload your documents in these formats:听

Documents

csv, doc, docx, ods, odp, odt, pdf, ppt, pptx, rdf, rtf, txt, xls, xlsx, xml听听

Images

jpg, jpeg, gif, png, svg

Other

chm, diff, dot, dxf, eps, gml, ics, kml, ps, ris, sch, vcf, wsdl, xlsm, xlt, xsd, xslt, zip

Details of a public office to display the order, notice and plan

The draft and made order and plan must be available in a local public office for members of the public to view. The public office must be open during usual working hours. You must:听

• choose a local public office听

• get their permission to display the plans there听

• give us the address of the office in your application听听

We will send the documents to the public office at the appropriate time.听

The local office you choose could be, for example:听

• a post office听

• a library听

• a local authority office

What happens after you apply听

1. 颁丑别肠办蝉听

We will get in touch with you if we have any questions about details on your application. If you do not reply, this will cause delays.听

2. Draft order, plan and notice听

We will send you:听

• 听a copy of the draft notice, order and plan听听

• a certificate of posting to complete听

You will need to put a copy of the draft notice at either end of the highway to be stopped up and then send us the certificate of posting that tells us you have done this.听听

You need to make sure the copies of the draft notice are maintained in place for the 28-day consultation period.听

We will send:听

• 听the draft notice to the London Gazette and a local newspaper to publish听

• the draft order, notice and plan to the local public office that you have chosen听

• the draft order, notice and plan to the statutory consultees

3. Consultation period听

The 28-day consultation period starts when the draft notice is published in the press.听听

Members of the public and statutory consultees will be able to:听

• 听view the draft order, notice and plan听

• make objections听

4. 翱产箩别肠迟颈辞苍蝉听

听We will pass valid objections to you. You will need to:听

• 听resolve them with the objector听

• keep us informed of your conversations with the objector听

If you are unable to resolve an objection or objections, this can go to Public Inquiry.听

5. Made order听听

The stopping up order can be made when:听

• the planning permission decision notice has been received听听

• all objections have been withdrawn formally听

• if necessary, an inquiry has been held, and the inspector鈥檚 report and recommendations have been considered听

We will send you:听

• 听a copy of the made听notice, order and plan听听

• a certificate of posting to complete听

You will need to put a copy of the made notice at either end of the highway to be stopped up.听听

We will send:听

• 听the made notice to the London Gazette and a local newspaper to publish听

• the made order, notice and plan to the local public office that you have chosen听

• the made order, notice and plan to the statutory consultees听

The order is officially made from the day of publication.

There will be a 6-week challenge period during which people can go to high court to object to the order being made.听

You can stop up the highway during this period, but we advise to wait until the end of the period.听

If your planning permission has expired or the development cannot be implemented, the order will cease to have effect.听

6. Not made order

The order will not be made if:听

• there are outstanding objections and following a Public Inquiry, the secretary of state is unable to make the order听

• you decide to withdraw your application听

• planning permission has been denied and your appeal has failed听

We will:听

• send you a copy of the not made order to place at either end of the highway that was to be stopped up听

• advise all interested parties of the decision not to make the order听

• publish a not made notice in the London Gazette and local newspaper

7. Check the progress of your application听

You can check the process of your application by contacting your caseworker or emailing the team: [email protected]听.听

8. 罢颈尘别蝉肠补濒别蝉听

We aim to process orders where there are no objections within 13 weeks of receiving all necessary information.听

Some things will make a difference to the length of time:听

• whether planning permission has been granted at the time the stopping up application is submitted听

• whether objections are made to the draft Order听

• whether changes are made to the area(s) to be stopped up following the draft Order publication听

• whether a Public Inquiry is needed

Help with your application

If you need help using the system or advice on stopping up orders, you can contact us.听

笔丑辞苍别听

Phone: 07786 190 909听

Monday to Friday, 8:30am to 4pm (except public holidays). 听

Outside these times, you can leave a voicemail and we will get back to you.听

贰尘补颈濒听

Email: [email protected]听

We aim to respond to emails promptly.