Areas of public highway sometimes become unnecessary as highway, and the highway rights can be then be "stopped up" or extinguished in law. An application has to be made to the Magistrates Court by the Council on behalf of an applicant under Section 116 of the Highways Act 1980. Application forms are available on the link to the right.
If an Order is successfully made, it will extinguish the highway rights and free the land from Highway Authority control. It is the common law presumption that the subsoil of the area stopped up will revert to the adjoining landowners. It can then be enclosed or developed, subject to any necessary planning consent.
Consultations must take place with all affected parties. The County Council will carry out the necessary consultations upon receipt of half of the estimated application fee. The fee will be in the region of £2500-4500 plus disbursements and VAT on disbursements.
Contested applications will cost more. This fee includes the cost of the full procedure under the Act including the consultations, advertising the application and the County Council’s legal fees in making the application in the Magistrates' Court.
For further information on the stopping up process, please read the policy document to the right.
You can also contact your local Area Manager (Traffic). You can do this by:
- Calling Cambridgeshire County Council on 0345 045 5212
- Emailing your local Area Manager (Traffic)
South Cambridgeshire and Cambridge City:
Brian Stinton
brian.stinton@cambridgeshire.gov.uk
East Cambridgeshire and Fenland:
John Richards
john.richards@cambridgeshire.gov.uk
Huntingdonshire:
Emma Murden
emma.murden@cambridgeshire.gov.uk