Transport Secretary Justine Greening has published a consultation on proposed reform of the process for stopping up and diverting local roads.  The aim is to speed up and streamline the decision making process and to reduce delays suffered by new developments as a result of separate planning and highways processes.  The consultation follows the Penfold Review of non-planning consents, and the Government's "red tape challenge".

The proposals would allow stopping up and diversion orders to be made in parallel with planning applications.  At present, developers must wait until planning permission has been granted (or an application has been called-in or an appeal lodged) before making an application under sections 247, 248 or 253 of the Highways Act 1980.

The government is also seeking views on whether local planning or highway authorities should be empowered to determine applications for stopping up and diversion orders.  At present, outside Greater London, applications are determined by the Secretary of State.  The proposal to devolve powers to local authorities reflects the localism agenda – giving local authorities decision making power over issues which affect their community.

The consultation is open until 24 August 2012, and seeks further ideas or comments on how the application process for stopping up and diversion orders can be streamlined and improved.  The consultation document can be found here:

http://www.dft.gov.uk/consultations/dft-2012-36/

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 18/07/2012.