Ministers rule out devolving 'stopping up' order process to local level

Ministers have ruled out devolving the stopping up and diversion order process to the local authority level.

The announcement was made in the Government’s response to a consultation on proposals for simplifying the process of applying for the stopping up or diversion of a highway, where this was required for the purposes of development.

In addition to suggesting devolution to a local level, the consultation had proposed permitting applications for a stopping up or diversion order at the same time as applying for planning permission.

In a written ministerial statement, Transport Minister Stephen Hammond said: “Consultation responses suggested that any devolution should be accompanied by a charging regime; additional costs and charges would be borne by both local authorities and those making applications, with no guarantee of a simpler or faster process.

“The Government does not feel that placing additional burdens on local authorities and costs on developers is right at this time. And the Government is aware that the speed of processing applications for stopping up or diversion orders has increased considerably in the last year. Additionally, we do not propose to reform or encourage a greater use of section 116 of the Highways Act 1980.”

The Government will however proceed with plans to allow stopping up and diversion applications to be made alongside planning applications.

Hammond said: “The Government considers this will remove a significant barrier to growth, by speeding up the process and allowing a reduction of burdens on both applicants and local authorities, as both applications can be considered concurrently.”

He added that legislation currently in Parliament, as part of the Growth and Infrastructure Bill, would give effect to this measure.

A copy of the Government response can be viewed here.