Highway stopping up (closure) orders
Highway stopping up (closure) orders
This is where the council displays public notices relating to highways orders. Below is an explanation about stopping up orders and links to notices and orders which the council has made or intends to make.
If you wish to see more information about any particular order, please download the order, notice or plan documents showing the highway affected.
You can view all stopping up orders and notices for the borough.
What are stopping up orders?
The council has the power in certain circumstances to stop up areas of public highway by making orders known as a 'stopping up order'. The term 'stopping up' means that once such an order is made, the highway land will cease to be a highway, road or footpath.
Stopping up orders are often made because the public highway is no longer necessary or to allow development to take place. The phrase 'public highway' can include roads, streets, footpaths, some public car parks, grass verges and footways. Not all roads, streets or footpaths are public highways. Some can be privately owned or maintained. The law relating to such highways is different and the council would not have powers to stop up or maintain them.
The council has a range of statutory powers and responsibilities in relation to public highways. The most frequently used powers are
- Section 247 Town and Country Planning Act 1990 (as amended) - Using this power a public highway can be 'stopped up' to allow development to take place if it has received or may receive planning permission. These orders may sometimes create new highways or footpaths
- Section 116 and 118, Highways Act 1980 - under this Section a public highway can be stopped up because it is no longer in use.
Section 247 Town and Country Planning Act 1990 - stopping up orders
If the order is made under the Town and Country Planning Act 1990, it will generally relate to an area of highway which is to be built upon or affected by development in some form. Sometimes the change is minor, for example the realignment of the back of the footway. At other times a road may be closed. The plan attached to the order will identify the area of highway to be stopped up (closed).
If you wish to object to the order being made or confirmed (which means to be made permanent), there is a period of 28 days in which to make an objection. Objections must be made in writing. Notice of the intention to make the order is also displayed on the site or highway to be stopped up and is advertised in a local paper (currently the Southwark News). There is no requirement for notice of the stopping up order to be sent to local residents.
Section 116 and 118, Highways Act 1980 Orders
If the order is made under the Highways Act 1980, it will generally relate to public highway that is no longer necessary, this might mean that nearby land is no longer served by a particular highway because its use has changed or an alternative route is available.
The decision to make orders under this Act is made by the Magistrates Court. Objections to the order can be made in Court at the time and date specified in the order.
