DfT consults on simplifying approach to stopping up and diversion orders

The Department for Transport has launched a consultation on proposals to simplify the process of applying for the stopping up and diversion of a highway where this is required for property developments.

The consultation follows the Penfold Review, which recommended reform of the application process under sections 247 and 248 of the Town and Country Planning Act 1990.

The proposals would allow applications for a stopping-up or diversion order to be submitted at the same time as applying for planning permission for the proposed development.

Under existing legislation, the developer can only apply for such an order after it has secured planning permission.

The consultation also includes options for devolving decision-making to the local authority level. Outside London, applications are currently determined by the Secretary of State.

The policy options – apart from doing nothing – are:

  • Option 1: Enable applications for stopping up to be made in parallel with planning applications;
  • Option 2: Building on option 1, devolve stopping up orders to local highway authorities (with reference to the Secretary of State on outstanding objections);
  • Option 3: Also building on option 1, devolve order making powers to local planning authorities (with reference to the Secretary of State on outstanding objections).

There is no preferred option yet. All options would require amendments to primary legislation.

A fourth option – a proposal to merge applications for stopping up orders within the planning regime – was considered and rejected.

This was on the basis that the two systems have “very different aims and this necessitates a difference in approach for each procedure”. Such differences could not be easily reconciled within a single integrated process.

The consultation meanwhile also asks whether more use could be made of the power – under section 116(1) of the Highways Act 1980 – of local highway authorities to apply directly to a Magistrates’ Court for an order to stop up a highway.

The consultation says the intended effect of the reform is “to encourage confidence and to speed up and increase investment in development”.

It makes clear that no changes are proposed to the statutory right to object. However, the Government is considering whether to introduce a statutory time limit for considering objections.

A copy of the consultation paper, Stopping up and diversion orders: Reform of the application process for local highways, can be viewed here. The consultation runs until 24 August. 

The application process for stopping up orders in London is devolved to local authorities. In the event of objections, the matter is referred to the Mayor of London for determination as to whether or not a public inquiry should be held in accordance with section 252 of the TCPA 1990.

The consultation does not advocate changes to the responsibilities devolved in London.

Philip Hoult