Apply for termination of highway rights
How do I apply?
- For both types of application, you firstly need to ensure you have the correct landowner ships details (which may not be the County Council) and that the land is Highway Maintainable at Public Expense (HMPE). To check on landowner ship details please contact the Land Registry. To check if the land is HMPE, we can undertake a Highway Extent search for you and will provide you with a plan which will show HMPE in your specified location. If applying for a highway extent search as part of a stopping up order, please make this known via the relevant question on the highway extent application. If the land is HMPE you can then apply for a Stopping Up order.
- Apply online below to request a Stopping Up application and select which type of application you are making (i.e. either S247 or S116/117). We will investigate whether the land can be deemed surplus to highway requirements. If amendments are required, we will discuss with you at this stage.
- For applications made under S247: If the land can be declared surplus in principle, we will confirm this to you and if you wish to proceed, you will need to apply to the DfT. As part of their consultation process, they will contact us for comments, which we will confirm as having no objections. If the application is successful, the DfT will contact us to confirm the change and we will update our records.
- For applications made under S116/117: When you apply under S117, if the land can be declared surplus, we will also request formal approval for this declaration and confirm this outcome to you. If approved, the Stopping Up process continues where the County Council applies under S116 on your behalf to the Magistrates Court. The Magistrate will review the application and make the final decision, of which we inform you. If the outcome is successful we will update our records.
There is no guarantee that a Stopping Up order pursued under Section 116/117 Highways Act 1980 will be granted. Any costs encountered by the County Council would be payable by you whether we pursue the order to its conclusion, and whether the magistrate grants the order.
Also, highways that are stopped up will revert to the legal landowner, or adjacent owners if the legal landowner can't be found. It is advised that independent legal advice is sought if a landowner cannot be established in order to reduce the possibility of legal action against you by the rightful owner, should they make themselves known in the future.
