• Stopping up/diversion orders to close or divert highways to allow development.
• Stopping up/diversion orders to close or divert highways that provide private means of access to premises where these cross or enter the route of a proposed new (or to be improved) highway.
• Pedestrianisation orders to remove vehicle rights.
• Rights of way extinguishment orders to remove rights of way over land that local authorities hold for planning purposes.

Section 247

Orders under this section allow the closing or diverting of highways to allow development. The highways involved must include an all-purpose highway (or a part of one). If that is the case then the order may also include footpaths, bridleways or cycle tracks. If the order would only be for footpaths, bridleways or cycle tracks then an order should be made to the local authority that grant planning permission under section 257 of the act.

The Secretary of State will normally need full planning permission to progress an application and must be satisfied that there is justification for the stopping ups. The applicant should provide:

• a copy of the approved site layout plan to its true plan scale
• a copy of the planning permission
• an application form

In certain instances an outline planning permission may be enough to support an application. Before applying for an order in these circumstances, please establish with the order handling division whether your case meets the criteria.

Section 248

Orders under this section allow the closing or diverting of highways that provide private means of access to premises where these cross or enter the route of a proposed new (or to be improved) highway.

Section 249

Orders under this section allow the removal of vehicle rights on a highway to bring about its pedestrianisation. The application must be made by the local planning authority and must have agreement that the removal of rights will improve the features of the area.

Applications

• 247 application form and guidance notes
• 248 and 249 applications are less frequent and must meet particular criteria. Contact us to enquire about your proposal’s suitability

• Town and Country planning application form and guidance notes