Streets and paths – Achieving stop-up or diversion required for development
Developments that call for the stopping-up or diversion of a street, or even a footpath, can present advisers with delicate problems of synchronisation. Generally, no official decision can be taken before the planning consent has been obtained and certain consultation requirements have been observed. Various matters have to be taken into account before deciding whether to apply under the Town and Country Planning Act 1990 to the planning authority (in some cases, the Secretary of State), or to request the highway authority to make a magistrates’ court application under the Highways Act 1990.
A most helpful overview – together with various tips on how to speed things up – may be found in
Streets and paths – Achieving stop-up or diversion required for development
Developments that call for the stopping-up or diversion of a street, or even a footpath, can present advisers with delicate problems of synchronisation. Generally, no official decision can be taken before the planning consent has been obtained and certain consultation requirements have been observed. Various matters have to be taken into account before deciding whether to apply under the Town and Country Planning Act 1990 to the planning authority (in some cases, the Secretary of State), or to request the highway authority to make a magistrates’ court application under the Highways Act 1990.
A most helpful overview – together with various tips on how to speed things up – may be found in Create an early diversion Estates Gazette 16 March 2002, p148, contributed by DLA associate Gill Castorina.