What is stopping up?
‘Stopping up’ means removing public highway rights so the land is no longer a highway, road, or footpath. This is usually done when the highway is no longer needed or to allow development.
If a highway is deemed unnecessary, the Council can apply to the Magistrates’ Court for an Extinguishment Order under Section 116 of the Highways Act 1980 on behalf of the applicant.
Section 116 – Highways Act 1980
The Highway Authority can request the Magistrates' Court to extinguish highway rights if the land is no longer needed for public use. Once approved:
- the land is no longer under Highway Authority control
- it can be enclosed or developed (subject to planning permission)
- the applicant must cover all legal and court costs
The council does not own most highway land—only the surface. Stopping up removes public highway rights but does not transfer land ownership. Once extinguished, the land reverts to the freehold owner of the subsoil.
Before applying to the court, the council requires permission from the landowner. If the council owns the land, applicants must separately negotiate its purchase with the Property Team.
Section 247 – Town and Country Planning Act 1990
This section allows the removal of highway rights for approved or pending development. For more information, contact the Department for Transport.
How to stop up a highway
You can apply to stop up a highway online.
After submitting an application to extinguish highway rights, the applicant will receive a plan showing the public highway boundary. They must annotate this plan to confirm the area they wish to extinguish.
The Council follows a three-stage internal consultation to assess whether the land in the application is no longer needed for highway use. The Council may amend or reject the application at any stage.
- Initial review – The local Highway Manager assesses the application to ensure the proposed extinguishment does not affect public rights, highway safety, or future highway needs.
- Highways approval– If approved by all relevant Highways teams, the application moves to the next stage.
- Parish/Town Council consultation – The Parish or Town Council is consulted and has the power of veto. If they object, the process stops. The applicant must engage with the Parish/Town Council to try to reach a resolution before the application can continue.
If the Council amends an application, the applicant will be informed and can decide whether to proceed. The application remains subject to review or rejection by the Assistant Director (Highways, Engineering, and Implementation).
If the application is approved during the internal consultation, the Council will carry out a public consultation. This includes:
- Statutory undertakers – Public utilities such as water, gas, and electricity providers.
- Highway user groups – Organisations like the British Horse Society, Right to Ride, and Environmental Health.
- Adjoining landowners – Property owners directly affected by the proposed extinguishment.
The statutory consultation period lasts 28 days and begins once payment has been received.
Any objections received during the public consultation must be resolved before the process can continue.
- The Council will not mediate between the applicant and the objector. The applicant must liaise directly with the objector.
- If a statutory undertaker (such as gas, water, or electricity providers) objects, the applicant may need to negotiate an easement or wayleave agreement. The statutory undertaker may charge a fee for this.
- The Council requires written confirmation of the withdrawal of any objections before proceeding. If no resolution is reached within 180 days, the extinguishment process cannot continue.
Once the external consultation is complete—either with no objections or with all objections resolved—a report is submitted to the Highways Manager with a recommendation on whether the stopping up of the highway should proceed to Magistrates' Court.
If approved, the Highways Manager, along with the Portfolio Holder for Highways and the Corporate Director for Highways, will sign the report. The case is then passed back to officers to request a court date.
Once a court date is confirmed, all previous consultees will be notified, ensuring compliance with Schedule 12, Part 1 of the Highways Act 1980. This includes:
- Informing the applicant of the court date
- Arranging for notices to be placed on-site, in newspapers, and in the local library
- Writing to adjoining and affected residents and landowners
- Notifying consulted local authorities and statutory undertakers
The applicant will be informed of the court’s decision. If successful, they will receive a copy of the Order signed by the Magistrate
Timescales
The extinguishment process is legally complex and typically takes 6 to 12 months, though it can take longer.
Delays may occur due to:
- consultation changes – The extinguishment area may need revising after internal review.
- external responses – All consultees must confirm they have no objections, even if the consultation period has ended.
- objections – These must be resolved before proceeding, which may involve negotiations, especially with utility companies.
Fees and how to apply
The minimum charge for an unopposed application is around £3,500, including statutory advertising. If objections arise, costs may increase. You will also be responsible for any charges from utility companies affected by the application.
Once the Magistrates' Court approves the application, we will issue an invoice for the full amount. If objections prevent the application from progressing, we will invoice you for costs incurred up to that point.
To proceed, send the completed form, a covering letter, and a plan outlining the area to be stopped up to highwaysearches@dorsetcouncil.gov.uk.
Highways Searches Team - Dorset Council
Email: highwaysearches@dorsetcouncil.gov.ukFull contact details