Form

Stopping up and diversion of highways process: accessible transcript

Updated 3 December 2024

Applies to England

Stage 1

Application is received by the casework team, via e-mail or post

The application is registered by casework team, and an initial check is carried out to ensure that all documentation is attached.

The Casework Team will:

• issue an acknowledgement letter, case reference number along with a request for additional information (if needed) to the applicant

• ensure the application is assigned and assessed by a casework officer who creates a draft Order, notice and plan

• assess the application and requests additional information (if needed)

• prepare the draft Order, notice and plan

• submit the draft documents to managers for approval

If planning permission has not been issued, the Casework Team will issue the draft Order and notice, under Section 253. The team will require a copy of the planning permission application form, before this can be done.

The Order, will be made, under section 247, once a valid planning permission has been received and any objections are removed.

Publication of the draft notice

Once the draft Order, notice and plan are approved the publication of the notice is arranged. Draft documents sent to the applicant, consultees and placed on deposit.

The Casework team will:

• arrange for the publication of the draft notice in a local newspaper and the London Gazette. Normally around 10 days notice has to be given, to our publishers, depending if the local newspaper is published weekly or daily

• circulate the draft Order, notice and plan to consultees for comment

• arrange for the draft Order, notice and plan to be displayed on deposit

• issue the draft Order, notice and plan to the applicant

Displaying the draft notice

Applicant arranges for the draft notice to be displayed on site at either ends of the highway to be stopped up on or before date of publication.

The applicant will:

• post the draft notice on site at either ends of the section of highway being stopped up, on or before the date of publication of the draft notice

• sign and return the certificate of posting, stating notices have been displayed on-site on or before the date of publication

Start of consultation period

Date of publication – start of the 28 day consultation period.

The applicant may wish to check that the notice has been published in the local press.

Following the consultation period, if no objections are received, the Casework Team can proceed to stage 2 of the Order making process.

Objections

If objections are received, these are sent to applicant to resolve. Any objections received are copied to the applicant to respond to, in order to resolve the issues raised. No Order can be made with outstanding objections.

If the objections cannot be resolved they will be determined by the Casework Team.

If objections are resolved, objectors will need to e-mail or write the Casework Team withdrawing their objection. Once all objections are resolved the Casework Team can proceed to stage 2 of the Order making process.

If objections are not resolved, please proceed to Inquiry section.

Inquiry

This section is only relevant if Stage 1 has resulted in a public inquiry. Otherwise please proceed to Stage 2.

A public inquiry can only be arranged if a valid planning permission has been issued the Planning Authority.

Responsibilities of Casework Team

The Casework Team will:

• advise all parties that a public inquiry is to be arranged

• request possible dates and venue for the inquiry from applicant. The dates requested are around 13 weeks from date of reply to the casework officer

• arrange for an inspector to hold the inquiry

• issue an inquiry notice to all parties

• arrange publication of the inquiry notice, normally around 2 weeks before date of the inquiry

Responsibilities of Applicant

The applicant should:

• provide the Casework Team with the possible venue and dates as mentioned above

• display the inquiry notice on site and complete the certificate of posting stating inquiry notice was displayed on or before the date of publication

• check that the inquiry notice has appeared in the local press (optional)

Responsibilities of interested parties

All interested parties (applicant as well as objectors or supporters) should submit statements of case and proofs of evidence to the casework team to send to inspector.

Objectors/supporters also send a copy to the applicant and applicant sends copies to the objectors/supporters

Once the Inquiry is held an inspector issues a report to the casework team, around a month after inquiry is closed

Written representation

This section is only relevant if Stage 1 has resulted in a written representation. Otherwise please progress to Stage 2.

PLEASE NOTE: WRITTEN REPRESENTATION CAN ONLY BE ARRANGED IF A VALID PLANNING PERMISSION HAS BEEN ISSUED BY THE PLANNING AUTHORITY.

In the event of written representation, the Casework Team will:

• advise all parties (applicant, objector and supporters) that the objections will be resolved via written representation

• ask all parties if they wish to submit any additional information, they may wish to be taken into consideration. All parties have two weeks to provide any additional information (the applicator or objector should provide, if they wish, additional information)

• consider the evidence received by all parties

In either case (full public inquiry or written representation) once the above steps have been followed:

The Casework Team issues a decision letter on behalf of the Secretary of State, to all interested parties, based on all information received including (where applicable) the inspectors report.

Stage 2

Made Order process

Made Order, notice and plan created by casework officer

Following receipt of the draft stage certificate of posting from the applicant and the press notices from local newspaper, from the Casework Team’s publishers, the made Order, notice and plan will be prepared.

Please note: If the draft Order was issued under section 253, the made Order cannot be prepared until a valid planning permission has been issued by the planning authority.

Once the made Order, notice and plan are approved, the publication of the notice is arranged. Made documents sent to the applicant, consultees and placed on deposit.

The Casework Team will:

• arrange for the publication of the made notice in a local newspaper and the London Gazette

• issue the made Order, notice and plan to consultees advising that the Order to stop up the highway has now been made

• arrange for the made Order, notice and plan to be displayed on deposit

• issue the made Order, notice and plan to the applicant

If a public inquiry has been held, the casework team issue a copy of the made Order, notice and plan to the objectors and supporters.

Applicant displays made notice at either ends of highway being stopped up.

The applicant should:

• post the made notice on site at either ends of the section of highway being stopped up, on or before the date of publication of the made notice

• sign and return the certificate of posting, stating made notices have been displayed on or before the date of publication

Not made Order process

Not made notice created by casework officer

Once the not made notice is approved the publication of the notice is arranged. Notice also sent to the applicant and consultees.

The Casework Team will:

• arrange for publication of a not made notice in the local press and London Gazette

• advise all interested parties of the decision not to make the Order

The Applicant should post the not made notice on site at either ends of the section of highway that was to be stopped up.

Date of publication

The applicant should:

• wish to check that the notice has been published in the local press.

• sign and return the certificate of posting, stating not made notices have been displayed on or before the date of publication.

End of High Court Challenge period

In either case (Made order process or not made order process), once the above steps have been completed, highway can be stopped up to enable development to take place.

NO FURTHER CORRESPONDENCE IS ISSUED BY THE CASEWORK TEAM, UNLESS THERE IS A HIGH COURT CHALLENGE MADE.