Stopping Up Orders aren’t something most buyers have heard of, but they play a surprisingly important role in property transactions… especially where access, redevelopment, or changes to the highway are involved.
If a client is buying land affected by a development proposal, or looking to make alterations that impact a road or footpath, understanding the basics can save time, money and frustration. Here’s a quick, coffee break blog to help you digest.
What Is a Stopping Up Order?
A Stopping Up Order is a legal mechanism that removes the highway rights over a road, footpath or section of highway. In simpler terms, it stops the public’s right to use it. This isn’t the same as closing a road temporarily for works – it’s a permanent legal change. Stopping up is usually required when a development project needs to build over, divert, or extinguish part of the highway. Without an order, development cannot lawfully obstruct or interfere with the public’s right of passage.
Why Are Stopping Up Orders Needed?
Stopping up arises mainly in two scenarios: first, where a development (such as a new building, access layout or site expansion) is impossible without removing a portion of the existing highway; second, where an existing road layout needs permanent alteration for safety, design or regeneration reasons. For example, a developer may need to stop up a small section of footpath to create a new shopfront entrance, or remove a slip road to facilitate a new junction design. Local highway authorities and the Secretary of State must be satisfied that the stopping up is necessary and that appropriate alternative routes, if needed, are secured.
How Is a Stopping Up Order Made?
The process is formal and involves statutory consultation. Orders typically require: a published notice, plans showing the affected section, consultation with statutory bodies, and an opportunity for objections. Where objections are raised, the matter may be referred for further review or inquiry. No development work that obstructs the highway can begin until the Stopping Up Order is confirmed. This is an important point for clients purchasing development land; assumptions about access or site layout must match the legal position, not just the planning drawings.
How Does This Affect Local Searches?
Stopping Up Orders most commonly appear in transactions involving redevelopment, mixed‑use schemes, and plots with unusual access arrangements. For residential buyers, they may come into play where a new estate layout changes historical footpaths or roads. For commercial buyers, stopping up can dictate the viability of loading bays, parking, service yards or delivery routes. For both, the key point is this: if part of the highway is needed to carry out works, you cannot simply ‘build over it’. Without a confirmed order, the development may be unlawful, lenders may hesitate, and insurers may decline cover.
What Might Show Up in Searches?
Local Authority searches may reference stopping up proposals, confirmed orders, or associated notices. These are often linked to planning permissions, especially where redevelopment affects surrounding streets. If the search reveals an intention to stop up a nearby route, clients may want to understand how it affects access, parking, amenity or traffic flow. Conversely, if a client’s scheme requires stopping up, the absence of an order is just as important – it may indicate the development cannot legally proceed yet.
What Should Clients Be Aware Of?
Clients should consider whether their intended use depends on an access arrangement that’s still subject to stopping up; whether diversions or alternative routes are proposed; whether the order is confirmed or only at draft stage; and whether any objections have previously been raised. It’s also wise to advise that stopping up can take time – and until it’s formally confirmed, nothing that obstructs the highway can lawfully be built.
Stopping Up Orders quietly underpin many development and regeneration projects, but their implications can be significant for buyers. They determine where people can walk, drive and park – and whether a proposed design is even possible. By identifying early whether a transaction involves existing or proposed Stopping Up Orders, you can guide clients through risks, manage expectations and prevent delays before they arise.