Highway stopping up or diversion orders

s247 or s248 orders are required for the legal removal of public rights of way, sometimes referred to as ‘stopping up’. An s247 order allows the removal as part of development which has been granted planning permission and can include provision for new or improved highways to be introduced.

An s248 order authorises the removal or diversion of a public right of way which cross or enter the route of a new highway and those which will be affected by the improvement of a new highway. Again, s248 orders can include provision for new or improved highways to be introduced.

s248 orders can also be used to remove private means of access and provision for new means of access.

Both types of order can be submitted in advance of a planning decision, after planning permission has been granted, or during a planning appeal. Applications generally take about 13 weeks to process following submission of the relevant documents. There is no fee attached to either application and objections can be raised against either order.