Draft a Stopping Up Order

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

The introduction of a Stopping Up Order can be crucial for balancing the interests of local authorities, property owners and the public alike. At Genie AI, we understand that Stopping Up Orders are of great value in many situations and are pleased to provide guidance on how to draft these legal documents.

A Stopping Up Order is a court order issued to close a public right of way such as a footpath or bridleway, when it is demonstrated that it is no longer necessary due to changes in either the local environment or public need. When a Stopping Up Order is granted, the land returns to being privately owned. Such an order can provide clarity and certainty for all parties involved - from legal perspectives safeguarding against hazards posed by a public right of way and economic perspectives allowing for development opportunities on land which was previously subject to this right. From the community’s point of view, such an order has been hailed for improving quality of life by reducing noise and traffic levels whilst also creating more attractive and safer neighbourhoods.

As experts in property law and local government law, our team at Genie AI has seen first hand how granting Stopping up Orders can have tremendous positive impacts on communities - enabling construction projects such as new housing developments or business expansions while also respecting rights to access and safety.

In conclusion, we believe it essential that Stopping Up Orders should always form part of any development proposal as they bring together multiple benefits which positively impact all involved parties- offering legal clarity, enabling economic development and strengthening community safety; all important aspects worth considering when contemplating any new initiative. For step-by-step guidance on drafting these orders yourself without needing an Genie AI account nor paying additional legal fees, please read on below for details into accessing our free template library today!

Definitions (feel free to skip)

Stopping Up Order: A court-issued order that closes a public right of way.
Applicant: Person who applies for a Stopping Up Order.
Right of way: A route or path that people have a legal right to travel on.
Local authority: A governmental body that is responsible for a certain area.
Evidence: Information that can be used to prove something.
Objections: Statements against something.
Publication of Notice: Announcing information to the public.
Acknowledgement of Receipt: Confirmation that an application has been received.
Alternative Solutions: Different methods of solving a problem.
Access Order: A court-issued order that allows access to a certain property.
Public Path Order: A court-issued order that creates a public footpath.

Contents

• What is a Stopping Up Order?
• Who Can Apply for a Stopping Up Order?
• What Are the Requirements for a Stopping Up Order?
• How to Prepare the Stopping Up Order Application
• Collect necessary documents
• Fill out application form
• Provide supporting evidence
• How to Submit the Stopping Up Order Application
• Submit application form
• Submit documents
• Make payment
• What Happens After the Application Is Submitted
• Acknowledgement of receipt
• Publication of notice
• Consideration of objections
• What Are the Potential Challenges to a Stopping Up Order?
• Objections from local residents
• Objections from local businesses
• Objections from local authorities
• How to Respond to Challenges to a Stopping Up Order
• Address any objections raised
• Submit a response to any objections
• How to Appeal a Stopping Up Order Decision
• Appeal the decision within a set timeframe
• Submit any evidence to support the appeal
• What Are the Alternatives to a Stopping Up Order?
• Agree an alternative with local authorities
• Look for alternative solutions
• Consider other legal options

Get started

What is a Stopping Up Order?

• A Stopping Up Order is a legal document issued by local authorities, allowing them to restrict the use of land for public benefit.
• The Order can be used to close off public highways, footpaths, bridleways and other public rights of way.
• By closing off the land, it will no longer be accessible to the public.

When you can check this off your list:

• When you have a basic understanding of what a Stopping Up Order is and what it can be used for.

Who Can Apply for a Stopping Up Order?

• You can apply for a Stopping Up Order if you own the land that is to be stopped up, or if you have an interest in the land, such as a lease.
• A Stopping Up Order can also be applied for by a local authority, a statutory undertaker, or a person authorised by the Secretary of State.
• When you have determined who is eligible to apply for a Stopping Up Order, you can move on to the next step.

What Are the Requirements for a Stopping Up Order?

• Research the relevant legislation and regulations to determine what the requirements are for a Stopping Up Order
• Ensure that the Stopping Up Order is necessary and would not cause unnecessary hardship to any of the affected parties
• Make sure that the Stopping Up Order is in the public interest and that it is proportionate to the benefit gained
• Check that the proposed Stopping Up Order is in line with any relevant development plans or local government policies
• Confirm that the Stopping Up Order has been advertised in the local press, and that adequate notice has been given to all affected parties
• You will know you have completed this step when you are confident that you have satisfied all of the legal requirements for a Stopping Up Order.

How to Prepare the Stopping Up Order Application

• Compile all the relevant documents and evidence for the Stopping Up Order application, such as detailed plans for the proposed works, evidence of ownership of the land, and any other relevant planning documents.
• Make sure that the Stopping Up Order application contains all the necessary documents and information, such as the title of the land, the boundary of the land, and a full description of the proposed works.
• Submit the Stopping Up Order application to the relevant planning authority.
• You will know that you can move on to the next step when you have submitted the Stopping Up Order application to the relevant planning authority.

Collect necessary documents

• Obtain a copy of the relevant legislation, such as the Highways Act 1980
• Gather relevant evidence that the land in question is no longer needed for public use, such as maps and plans
• Collect any required information from the local authority, such as an application form
• Ensure that all documents are in order and that you have all the necessary supporting evidence to justify the Stopping Up Order
• Once all the required documents have been collected and checked, you can move on to the next step of filling out the application form.

Fill out application form

• Download the Stopping Up Order Application Form from the local council’s website.
• Fill in the form with details including the purpose, the land affected by the Stopping Up Order, and your reasons for requesting it.
• Make sure you provide your contact information as the applicant.
• When complete, print out the form and sign it.
• How you’ll know when you can check this off your list and move on to the next step: You will know you have completed this step when you have printed the form, signed it, and are ready to provide supporting evidence.

Provide supporting evidence

• Gather all relevant evidence and documents to support your application
• Make sure you have the necessary evidence to support the reasons for the application, such as land survey plans, title deeds and agreements
• Make sure you include any documentation or other evidence that explains why the stopping up order is necessary
• Provide evidence to demonstrate the public benefit of the stopping up order
• Make sure you provide the necessary evidence of ownership and usage of the land to be stopped up
• When you have all the necessary evidence, you can check this off your list and move on to the next step.

How to Submit the Stopping Up Order Application

• Gather all the necessary documents, such as the Stopping Up Order application form, supporting documents, and the required fee
• Submit the application form, supporting documents, and fee to the local authority
• Keep a copy of all your documents, as well as proof of submission
• Once you receive a confirmation that your application has been accepted, you can move on to the next step of submitting the Stopping Up Order application

Submit application form

• Download and complete the Stopping Up Order application form
• Make sure to fill out all necessary information and provide the relevant documents
• Submit the Stopping Up Order application form to the Highways Authority
• You’ll know when you’ve successfully submitted the form when you receive an acknowledgement letter or email from the Highways Authority confirming receipt of the application.

Submit documents

• Gather all supporting documents such as the relevant plans and drawings, any required surveys and other evidence of land ownership
• Ensure that all documents are in the correct format as outlined in the application form
• Submit the documents to the relevant local authority using the contact details provided in the application form
• Receive confirmation that your documents have been received and are being processed
• When you receive confirmation that your documents have been accepted, you can mark this step as complete and move on to making payment.

Make payment

• Calculate the amount you need to pay for the Stopping Up Order application by multiplying the length of the stopping up area with the rate per square meter.
• Make the payment using the details given in the Stopping Up Order application form.
• After making the payment, you will receive a confirmation email. Check the email to make sure that the payment has gone through.
• Once you have verified the payment, you can move on to the next step.

What Happens After the Application Is Submitted

• Once you have submitted your application and paid the fee, you will receive an acknowledgement of receipt from the local authority.
• This acknowledgement will provide you with the reference number for your application and confirm that the local authority has received the documents.
• You will be notified of the outcome of your application within 3 months of submitting it.
• If you have not received an acknowledgement within 3 weeks of submitting your application, you should contact the local authority to check that it has been received.

Acknowledgement of receipt

• Once the application has been received, the local authority will acknowledge receipt within 10-working days.
• This acknowledgement should include the details of the application and a confirmation of when the local authority will begin to consider the application.
• The local authority may request further information at this stage to ensure the validity of the application.
• Once the acknowledgement is received, the local authority can begin to consider the application and move on to the next step, which is the publication of the notice.

Publication of notice

• Publish a notice of the proposed Stopping Up Order in a local newspaper
• Place a copy of the notice in a prominent position on the land to be stopped up
• Include the date of the proposed Stopping Up Order, a description of the land to be stopped up, a plan showing the land, and a statement of the reasons for the proposed Stopping Up Order
• Give the date by which any objections or representations must be made
• Make a copy of the notice available for inspection at a local authority office
• When all of the steps above have been completed, you can check this off your list and move on to the next step.

Consideration of objections

• Obtain and consider any objections to your application for a Stopping Up Order that have been raised.
• If an objection is received, you should consider whether it is valid and if so, determine whether it should be accepted or rejected.
• If you accept the objection, you should amend your Stopping Up Order application to take into account the objection.
• If you reject the objection, you should set out the reasons for rejecting it.
• Once all objections have been considered, you should move on to the next step in the process.

What Are the Potential Challenges to a Stopping Up Order?

• Identify any potential legal and technical issues that may arise from the Stopping Up Order
• Consider the potential impact of the Stopping Up Order on local stakeholders, such as environmental impacts, economic impacts, social impacts, and other potential objections
• Review any potential statutory provisions that may be applicable to the Stopping Up Order
• Assess any potential risks associated with the Stopping Up Order
• Research case law related to similar Stopping Up Orders to get an understanding of how the courts have dealt with them in the past

Once you have identified any potential challenges and risks associated with the Stopping Up Order, you can check off this step and move on to the next step.

Objections from local residents

• Research the area to determine if there are any objections from local residents to the Stopping Up Order.
• Reach out to local residents to inform them of the Stopping Up Order and to hear any objections they may have.
• Document any objections from the local residents.
• Take note of the objections from local residents and create a plan to address them.
• Take the necessary steps to address the objections from local residents.

When you have addressed all objections from local residents, you can check this off your list and move on to the next step - Objections from local businesses.

Objections from local businesses

• Contact local businesses in the area of the proposed Stopping Up Order to determine if they have any objections
• Ask businesses to fill out a questionnaire to outline any objections they may have
• Consider any objections raised by businesses and determine if they are valid
• Make necessary changes to the Stopping Up Order to accommodate any valid objections
• Record any changes made as a result of objections from local businesses
• Once all objections have been taken into account and all valid objections have been addressed, you can move on to the next step.

Objections from local authorities

• Review all objections from local authorities
• Ensure objections are addressed by the proposed Stopping Up Order and that any objections are properly considered
• Take into account any additional information and evidence provided by local authorities
• If necessary, amend the Stopping Up Order to address any objections
• Once all objections from local authorities have been addressed, the Order may be submitted for final approval
• Check off this step and move on to the next step: How to Respond to Challenges to a Stopping Up Order

How to Respond to Challenges to a Stopping Up Order

• Review objections raised by local authorities to the Stopping Up Order
• Determine if any of the objections are valid and can be incorporated into the Order
• If so, make the necessary changes to the Order and submit it to the local authorities
• If no objections are valid or can be incorporated, provide a response to the objections and explain why they should not be included
• Once you have responded to the objections, you can move on to the next step in the process

Address any objections raised

• Carefully review any formal objections that were raised during the consultation period
• Where necessary, contact the objectors to seek further details on their objections
• Consider any other evidence raised by the objectors, such as reports or surveys
• Prepare a response to each objection, addressing its merits and any other relevant information
• Compile all your responses into a single document and submit it to the relevant authority
• You can check off this step once you have submitted your response to the objections and it has been accepted by the authority.

Submit a response to any objections

• Respond to objections in writing to the local authority or the relevant government department
• Respond to each point made in the objection and provide evidence where needed
• Include a copy of the draft Stopping Up Order in your response
• Copy the local authority in on your response
• You will know that this step is complete when you receive confirmation from the local authority or relevant government department that your response is accepted

How to Appeal a Stopping Up Order Decision

• Research the appeals process and applicable laws in your jurisdiction
• Prepare a written notice of appeal, outlining the reasons for your appeal and any applicable legal arguments
• File the notice of appeal with the court or tribunal where the original decision was made
• Pay any applicable fees for filing the appeal
• Serve notice of your appeal to all the parties involved in the original Stopping Up Order decision
• Monitor the progress of your appeal and respond to any requests from the court or tribunal
• Once the court or tribunal issues its decision on your appeal, you will know whether it has been successful or not, and can check this step off your list and move on to the next step.

Appeal the decision within a set timeframe

• Check the notice of decision or the local authority’s website for the length of time you have to appeal.
• Submit the appeal to the local authority in writing within the set timeframe.
• Submit any evidence to support your appeal, such as witness statements or expert opinion.
• Keep a copy of the appeal and any evidence submitted for your records.

You’ll know when you can check this off your list and move on to the next step when you have submitted the appeal to the local authority in writing within the set timeframe.

Submit any evidence to support the appeal

• Prepare any evidence that supports your appeal, such as reports or photographs.
• Submit your evidence to the appropriate authority (e.g. local council or planning officer).
• Provide a written statement detailing why the evidence supports your appeal.
• You will know when you have completed this step when you have submitted all the evidence to the relevant authority.

What Are the Alternatives to a Stopping Up Order?

• Consider the alternatives to a Stopping Up Order to determine whether any of them can be used instead.
• Alternatives may include diverting the path, using a statutory declaration to record an agreement between the landowner and local authorities, or using a Deed of Dedication to dedicate the land to public use.
• If these alternatives are not possible, then the Stopping Up Order is the only option.
• Consider each alternative carefully and discuss your options with the local authorities, who may be able to suggest other alternatives.
• When you have determined that a Stopping Up Order is the only viable option, you can move on to the next step.

Agree an alternative with local authorities

• Contact the local authorities to discuss the alternative options and discuss how it may be implemented
• Find out the conditions and requirements for the alternative plan
• Submit a proposal to the local authorities with details of the alternative option that has been agreed upon
• Wait for the reply from the local authorities to determine if the alternative plan has been accepted
• Once the alternative plan has been accepted, the next step is to look for alternative solutions.

Look for alternative solutions

• Research other solutions that may be available to stopping up the order, such as diversion, transfer, or swapping land.
• Consult with the local authorities to discuss which option may be more suitable for all parties involved.
• When you have determined the best solution for the stopping up order, you can move on to the next step.

Consider other legal options

• Research other methods of stopping up the land, such as via a Compulsory Purchase Order
• Consult with a legal expert to gain an understanding of the full implications of the legal options available
• Once you’ve determined the most suitable legal option to pursue, you can check off this step and move on to the next.

FAQ:

Q: What is the difference between a Stopping Up Order and a Compulsory Purchase Order?

Asked by Benjamin on October 5th, 2022.
A: A Stopping Up Order is an order that grants permission for land to be used for a purpose other than the one for which it was originally intended. This could include using land for building purposes, or to use it as part of a road or railway. A Compulsory Purchase Order (CPO) is an order that grants permission for compulsory purchase of land in certain circumstances, such as when it is needed for public projects or to enable development. CPOs are typically used when there is a need for land to be taken from one owner and given to another.

Q: What is the legal process for obtaining a Stopping Up Order?

Asked by Abigail on August 2nd, 2022.
A: The process of obtaining a Stopping Up Order will vary depending on jurisdiction and the specific terms of the order. Generally, you must apply to the local authority that has jurisdiction over the land in question. The application will be reviewed and if it meets the applicable criteria, a public inquiry may be held. After the inquiry, the local authority will make a decision as to whether to grant or refuse the application. The decision must then be approved by the relevant government department before being granted.

Q: What are some potential issues I should consider prior to requesting a Stopping Up Order?

Asked by Mark on December 4th, 2022.
A: Before requesting a Stopping Up Order, there are several considerations that should be taken into account. Firstly, you should ensure that you comply with any local laws or regulations that may apply in your area. Additionally, you should ensure that any plans or proposals that you have for using the land are viable and feasible. Finally, you should consider how any disruption caused by your proposed use of the land might affect nearby residents or businesses.

Q: How long does it take to obtain a Stopping Up Order?

Asked by Amber on June 8th, 2022.
A: The time it takes to obtain a Stopping Up Order can vary greatly depending on the particular circumstances of your case. Generally speaking, if there are no objections to your application it can take around 6-8 weeks from submission of your application until a decision is made. If objections are made during the public inquiry process then this can extend the time frame significantly.

Q: Are there any restrictions on what I can do with land once I have obtained a Stopping Up Order?

Asked by Tyler on March 18th, 2022.
A: Yes, there are certain restrictions on what you can do with land once you have obtained a Stopping Up Order. Depending upon the terms of the order, these restrictions may include limitations on its use or development, as well as any changes or modifications that you can make to it without additional permission from local authorities. It is important to fully understand these restrictions before taking any action with regards to using your Stopping Up Order land.

Q: How much does it cost to obtain a Stopping Up Order?

Asked by Jacob on November 15th, 2022.
A:The cost of obtaining a Stopping Up Order depends upon several factors such as location and size of the land in question, as well as other costs associated with the process such as legal fees and surveyor’s fees etc… Generally speaking though, you can expect to pay between £1000 - £3000 depending upon your particular circumstances.

Q: Are there any alternatives available instead of applying for a Stopping Up Order?

Asked by Matthew on April 22nd, 2022.
A: Yes, there are several alternatives available instead of applying for a Stopping Up Order if it’s not suitable for your particular needs or circumstances. These include obtaining planning permission from your local council or applying for an access agreement with landowners or occupiers of adjoining properties. You could also consider negotiating with landowners directly and agreeing terms which would meet both parties’ needs without having to apply for an official order from local authorities.

Q: Is there any way to speed up the process of obtaining a Stopping Up Order?

Asked by Emily on July 12th, 2022.
A: Yes, there are some steps which can be taken in order to speed up the process of obtaining a Stopping Up Order such as providing all necessary documentation at an early stage and submitting all applications correctly and promptly. Additionally, appointing an experienced professional who knows how best to navigate this process can help ensure that applications are progressed quickly and efficiently and reduce delays further down the line.

Q: Are there any special requirements I need to meet in order to obtain a Stopping Up Order?

Asked by Emma on September 17th, 2022
A: Yes, depending upon jurisdiction and individual circumstances there may be certain requirements which must be met in order for an application for a Stopping Up Order to be successful such as gaining planning permission from local authorities or having evidence of need for alternative use of land etc… It is important that all requirements are met before submitting an application as failure to do so may lead to delays or even refusal of an application by local authorities.

Q: What happens if my application for a Stopping Up Order is refused?

Asked by Joshua on February 14th, 2022
A: If an application for a Stopping Up Order is refused then it will depend upon jurisdiction as to whether appeals can be lodged against this decision or not – in some cases appeals may be available while in others they may not be allowed at all. It is important to contact local authorities directly in order to determine whether appeals are possible against refusal decisions so that legal advice can be sought accordingly if necessary.

Q: Is there anything else I should consider before applying for a Stopping Up Order?

Asked by Noah on May 11th, 2022
A: Yes – when applying for a Stopping Up Order it is important that you also consider how this will affect nearby landowners and occupiers who may face disruption due to your proposed use of their land or other effects due to your planned development works etc… You should take steps such as consulting these people beforehand so that their concerns can be taken into account prior to submitting any applications – this could help avoid potential objections later down the line which could lead to delays in processing applications etc…

Q: Are there different types of Stopping Up Orders available?

Asked by Olivia on January 8th 2022
A: Yes – there are different types of Stopping Up Orders available depending upon jurisdiction and individual circumstances such as temporary orders which allow use of land only until certain criteria have been fulfilled (such as gaining planning permission) while permanent orders allow complete control over use of land until criteria set out in order have been met (such as completion of development works). It is important that you consider what type best suits your needs before submitting an application so that legal advice can be sought accordingly if necessary prior to submission if necessary…

Q: Who ultimately decides whether my application for a Stopping Up Order is approved?

Asked by Logan on July 26th 2022
A: Ultimately each local authority has discretion over whether applications for Stopping Up Orders are approved or refused – however this decision must also be approved by relevant government departments before being granted so both parties must agree before approval will take place . Depending upon jurisdiction and individual circumstances other bodies may also need approval prior for orders being granted such as planning departments or conservation bodies etc…

Q: In what circumstances would my application for a Stopping Up Order likely fail?

Asked by Ava on February 27th 2022
A: Applications for Stoping up Orders can fail due several possible reasons including but not limited too failure to provide sufficient evidence regarding need/necessity/feasibility/viable alternative use of land in question; failure to provide correct documentation; objections raised during public inquiry process; lack of approval from relevant government departments; failure comply with any local laws/regulations etc… It is important that all criteria set out under relevant legislation/bylaws/regulations etc… are met prior submitting applications so that they have best chance success when processed .

Example dispute

Suing Companies Over Stopping Up Orders

• Plaintiff must be able to prove that the stopping up order was obtained unlawfully or through negligence.
• Plaintiff must show that the stopping up order has caused them loss or harm.
• Plaintiff must be able to demonstrate that the stopping up order was unjust and unreasonable.
• Plaintiff must be able to prove that the stopping up order breached their civil rights.
• The plaintiff may seek compensation for any losses or damages caused by the stopping up order.
• The plaintiff may seek an injunction to prevent the company from using the stopping up order.
• The plaintiff may seek a court order to compel the company to comply with the stopping up order.
• The plaintiff may seek an order for the company to rescind the stopping up order.
• The plaintiff may seek an order for the company to pay costs and legal fees.
• The plaintiff may also seek damages for emotional distress, inconvenience, and loss of time and money.

Templates available (free to use)

Section 116 Local Highway Authority Notice Of Intention To Apply For Stopping Up Order
Section 247 Notice Of Stopping Up Order

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