A public highway can be 'stopped up' if it is deemed unnecessary for public use.
We have the power under section 116 of the Highways Act 1980 to apply to the Magistrates’ Court to stop up a highway. If a court order is made, this removes the highway rights and frees the land from our control. Control over the land will then return to the freehold or leasehold owner of the subsoil.
How to stop up a highway
We have produced a Highways Stopping Up Pack for anyone seeking to stop up a section of public highway. It includes a background to the process, information on the costs involved, a guide on completing the necessary form, and the forms themselves.
Download the Highways Stopping Up Pack
Fees and charges
If you require any further information or advice, we provide Pre-Application Advice for a fee of £56 per hour plus VAT. Alternatively, you may wish to seek independent legal advice. An application costs £3,624; if, following the public consultation. we decide not to apply to the Magistrates’ court then £2,480 of your original fee will be refunded.
Prospective applicants should contact our Highways Maintenance team, as well as their relevant Parish Council to obtain their agreement before submitting an application.
WarningPlease note that a highway cannot be stopped up unless and until a Magistrate has done so.
If you obstruct or interfere with the public highway before this, you may be committing an offence. It could also make a proper stopping up order impossible.
Prospective applicants are advised to contact us before submitting a formal application to gauge the likelihood of success. You may also wish to take independent legal advice regarding stopping up, land ownership and other related issues.
Church Lane, Chew Stoke consultation
We are seeking permission to stop up a section of Church Lane in Chew Stoke. Read more about this consultation.