Stopping up the highway (permanent road closures)

When a highway is created, it’s protected by law. Only the highway authority can apply to a Magistrates Court to have the highway rights removed and restrict public access. This process is known as “Stopping up the highway”.

Information:

We are currently not accepting any new Section 116 applications to stop up highways until 1 November 2026. We apologise for any inconvenience caused. In the meantime, please arrange the documents and consultations required to support your application.

When is a highway unnecessary?

If members of the public believe that the highway is unnecessary, they can make an application for the highway rights to be removed. We assess this on a case-to-case basis.

Before making an application, you should think about the following:

  • Is the highway used by the public?
  • Is it needed so roads or pavements joining it are safe and visible?
  • Is it used to access buildings?
  • Does the highway benefit the surrounding area?
  • Will accommodation works be needed on the rest of the highway, so it stays safe and convenient?
  • Does it connect other highways together?

 

Application fees

A highways officer assessment costs £514. It includes an officer assessing the application, visiting the site, advising you on the process and completing a technical plan.

Legal proceedings range from £3,500 to £5,500 and include administration costs and travel expenses.

Cheques can be made payable to Hertfordshire County Council and all fees are non-refundable.

 

What do I need to include in my application?

We only process applications with the following supporting documents, which must be no more than 3 months older than the date of your submitted application:

  1. A clear photo of the area.
  2. An original extent of highways plan (highways boundary plan).
  3. A copy of the highways boundary plan with the area requested marked clearly on the plan.
  4. The title plan and register of the area requested - HM Land Registry (GOV.UK).

 
You must carry out a written consultation for a period of 28 days. It should include:

  • description of the highway being proposed
  • site location plan, including boundary plan and site photos
  • reason for the proposal
  • explanation of why the area is considered unnecessary.

Your consultation should be sent to:

  • the local county councillor for the area being proposed
  • any owner or occupier of the land adjacent to the proposed
  • any statutory undertakers with known apparatus within the proposed area
  • the relevant borough or district council
  • any relevant town or parish council.

 

What happens after I send my application?

  1. Your application will be recorded, and we’ll check the supporting documents.
  2. We’ll send you details about what consent is needed and from who.
  3. Once everything is in order, we’ll ask you to pay the application fee.
  4. After payment is confirmed, your application will move through a four-stage process.

Stage 1 – application approval

Your completed application will be reviewed by a highways officer and we'll let you know the outcome of your application after approximately 6 weeks. 

If successful, a formal plan of the area of highway in question will be created.

Stage 2 – highways officer survey

A highways officer will do a survey of services that may be affected by the highway. Then we'll arrange to meet you and the highways officer on site to talk about your proposal.

Stage 3 – appealing to the local magistrates' court

Our legal team will take an application to the local magistrates' court for them to review. The team will write to you to let you know they're ready to start the work and will tell you how much it will cost.

You'll need to pay half the total fee before they begin.

They'll also consult with any affected parties including:

  • Parish council / town council
  • District council
  • Statutory undertakers (for example, water or gas)
  • Adjoining landowners
  • Local county councillor
  • Other relevant departments within Hertfordshire County Council
  • The public (notices in newspapers).

This will take approximately 4 months.

Stage 4 – court approval

When the court approve the application, we'll remove the highway rights over the land and free it from the control of the Highway Authority. Control of the land will then go to the freehold or leaseholder and you'll need to negotiate a transfer of the land with them.

We might have to divert services on the highway and you'll need to pay those costs.