Stopping up the highway (permanent road closures)

When a highway is created, it’s protected by law. Only the highway authority can apply to a Magistrates Court to have the highway rights removed and restrict public access. This process is known as “Stopping up the highway”.

If you need to remove highway rights for your planning application or development project, you'll need to contact the local planning authority.

Apply to stop up a highway

Before you start...

  • Any disputes or practical matters to do with the land need to have been resolved.
  • Make sure you have evidence of any consultations, responses and attempts to resolve any concerns to do with the highway.

When is a highway unnecessary?

If members of the public believe that the highway is unnecessary, they can make an application for the highway rights to be removed. We assess this on a case-to-case basis.

Before making an application, you should think about the following:

  • Is the highway used by the public?
  • Is it needed so roads or pavements joining it are safe and visible?
  • Is it used to access buildings?
  • Does the highway benefit the surrounding area?
  • Will accommodation works be needed on the rest of the highway, so it stays safe and convenient?
  • Does it connect other highways together?

 

Application fees

A highways officer assessment costs £467. It includes an officer assessing the application, visiting the site, advising you on the process and completing a technical plan.

Legal proceedings range from £3,500 to £5,500 and include administration costs and travel expenses.

Cheques can be made payable to Hertfordshire County Council and all fees are non-refundable.

 

What do I need to include in my application?

We can only process application forms with the following attached:

  • A clear photo of the area that is to be stopped up.
  • An extent of highways plan with the area of the highway clearly marked.
  • The 'Title Plan' and 'Title Register' from a Land Registry Service to determine who owns the land.

 

What happens after I send my application?

  1. Your application will be recorded, and we’ll check the supporting documents.
  2. We’ll send you details about what consent is needed and from who.
  3. Once everything is in order, we’ll ask you to pay the application fee.
  4. After payment is confirmed, your application will move through a four-stage process.

Stage 1 – application approval

Your completed application will be reviewed by a highways officer and we'll let you know the outcome of your application after approximately 6 weeks. 

If successful, a formal plan of the area of highway in question will be created.

Stage 2 – highways officer survey

A highways officer will do a survey of services that may be affected by the highway. Then we'll arrange to meet you and the highways officer on site to talk about your proposal.

Stage 3 – appealing to the local magistrates' court

Our legal team will take an application to the local magistrates' court for them to review. The team will write to you to let you know they're ready to start the work and will tell you how much it will cost.

You'll need to pay half the total fee before they begin.

They'll also consult with any affected parties including:

  • Parish council / town council
  • District council
  • Statutory undertakers (for example, water or gas)
  • Adjoining landowners
  • Local county councillor
  • Other relevant departments within Hertfordshire County Council
  • The public (notices in newspapers).

This will take approximately 4 months.

Stage 4 – court approval

When the court approve the application, we'll remove the highway rights over the land and free it from the control of the Highway Authority. Control of the land will then go to the freehold or leaseholder and you'll need to negotiate a transfer of the land with them.

We might have to divert services on the highway and you'll need to pay those costs.