Permanent road closure

Stopping up is the legal process used to close a section of road or footpath. This is required whether it is a small strip which would narrow part of the footway (pavement) to a whole road.

All public rights of way, whether open to vehicles, horse riders, cyclists or pedestrians are highways. A highway is land over which the public has a right of passage.  

Footpaths and bridleways are known as public paths. Local authorities and the Secretary of State for Transport have powers to create, divert or extinguish highways and public paths.

Please note that any land, even if privately owned, which is open and accessible for people to cross, is potentially a public right of way.

There are two main ways to stop up.

S247 of the Town and Country Planning Act 1990 (most applications use this)

This allows for a closure to enable a development with planning permission to take place.
The process is as follows:

• Application validation
• Internal Consultation
• Internal Report to approve formal consultation
• Formal Consultation for 4 weeks
• If no objections / objections withdrawn order can be made
• If there are objections letter is written to the Mayor of London / GLA to see if a public inquiry is required
• If a public inquiry is required, the inspectors report is sent to Council and based on the report a final decision is made.
• If a public inquiry is not required the order can be made.

S116 of the Highways Act 1980

This allows for a closure where the road is unnecessary or a nearer or more commodious (convenient) alternative will be provided.

The process is as follows:

• Application validation
• Internal Consultation
• Internal Report to approve formal consultation
• Formal Notification / Consultation
• Hearing at Magistrates court
• Case put forward by Council
• Objections and other views heard by magistrates
• Order made by magistrates or not

Please note that the Council charge for this process if you would like to apply for a stopping up please e-mail [email protected]   and an officer will phone you to discuss your application.

Please note: the Council advise that if applying for planning permission which will require a stopping up, it should be made clear during the planning process.

Active road closures in the London Borough of Camden