Diverting or stopping-up a right of way

The Highway Authority’s approval must be sought for proposals to extinguish highway rights before a planning application is submitted. If the local highway authority agrees in principle to a diversion, the developer will need to apply for a diversion order. The planning authority that grants planning permission usually processes applications to divert Public Rights of Way using powers under the Town and Country Planning Act (TCPA) 1990. A diversion order can be considered concurrently with a planning permission.

An application for a stopping up or diversion order under section 257 of the TCPA 1990 cannot be made or confirmed once the relevant development is “substantially complete”.

A stopping up or diversion order can take a minimum of three months to be confirmed (if all objections have been resolved and it is therefore unopposed). If there are unresolved objections, the stopping up or diversion order must be submitted to the Secretary of State for confirmation and a local inquiry may need to be held. This can delay the decision for at least 12 months. The developer needs to consider this possible delay when working out a project timetable.

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