Highways and byways

Stopping up of Highways

Property development plans often involve the stopping up or realignment of public or private rights of way. The separate process for getting permission to change rights of way, that are both well protected and jealously guarded, must be managed in conjunction with building applications. Getting the timing right is critical if your proposals are to succeed.

Richard Max & Co can help you by:

  • Checking for the existence of public rights of way
  • Working with your architects and highways and planning consultants to ensure your application is bullet proof
  • Advising on the relevant legal process ie Highways Act 1980 or Town and Country Planning Act 1990
  • Acting as advocate at stopping up or footpath diversion inquiries
  • Monitoring the progress of your application including liaison with the relevant statutory undertakers ie utilities

Significant property development plans often involve the construction of infrastructure. These include permanent services such as drainage, roads, telecoms and other utilities. The objective of each development should be to get this infrastructure adopted as public property by the Local Authority who will assume responsibility for future maintenance.

Richard Max & Co can help you by

  • Negotiating relevant Agreements with the Local Authority

See case study ยป

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Case Study



A retail redevelopment in Bolton town centre required the permanent closure of two strips of road: one of 10m and one of 30m. Fierce local objection was raised to the extinguishment of a public right of way.

Role of Richard Max

Acting both as solicitor and advocate at the subsequent Public Inquiry

Overseeing negotiations with local groups


Inspector concluded that highways should be stopped up

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