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Removal of public rights over a highway

Where stopping-up is required to facilitate planning permission, the applicant should apply to the National Transport Casework Team at the Department of Transport for an order to be made by the Secretary of State under Section 247 of the Town and Country Planning Act 1990. It is advisable to obtain the County Council's (as Highway Authority) views prior to any application as we will be consulted and will object where we consider the stopping-up not to be in the public interest.

In other cases the County Council can apply to the Magistrates Court for an order removing public rights over a road or an area of highway land, under Section 116 and 117 of the Highways Act 1980. Our policies with regards to dealing with such applications are attached below.

For any further information regarding these functions then please contact the Highways Information Team.

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