Notice of public path diversion order Garforth footpath no. 1

This Order is made by Leeds City Council (‘the Authority’) under Section 257 of the Town and Country Planning Act 1990 because it is satisfied that it is necessary to divert a public footpath and a non-definitive footpath to which this Order relates in order to allow development to be carried out in accordance with planning permission granted under Part III of the Town and Country Planning Act 1990 namely 79 dwellings with associated appearance, landscaping, layout and scale pursuant to approved application 17/05759/OT, planning application reference 22/01098/RM.    

By this order:    

1. The footpaths over the land shown by bold black lines on the attached map and described in Part 1 of the Schedule to this Order (‘The Schedule’) shall be diverted as provided below
2. There shall be created to the reasonable satisfaction of Leeds City Council alternative highways for use as a replacement for the said footpaths as provided in Part 2 of the Schedule and shown by long bold black dashes on the attached map
3. The diversion of the footpaths shall have effect on the date which Leeds City Council certify that the terms of Article 2 have been complied with
4. Where immediately before the date on which the footpaths are diverted there is apparatus under, in over, along or across it belonging to statutory undertakers for the purpose of carrying on their undertaking, the undertakers shall continue to have the same rights in respect of the apparatus as they then had

Schedule part 1 – Description of site of existing paths or ways

Garforth Public Footpath No. 1

Footpath commencing from a Point A, SE 3957 3243, at the junction with Selby Road, Garforth, in front of house number 28 and proceeding for a distance of 176.7 metres in a south westerly direction on an arable surface to a Point B, SE 3943 3233, at the junction with Swillington Footpath No. 5 at The Beck. The footpath has a width of 1.2 metres.    

Non-definitive Footpath off Selby Road. Garforth

Footpath commencing from a Point C, SE 3958 3243, at the junction with Selby Road, Garforth, to the east of house number 28 and 10 metres east of Point A, and proceeding for a distance of 116.2 metres in a west-south-westerly direction on a grass surface to a Point D, SE 3949 3237, at the junction with Garforth Footpath No. 1. The footpath has a width of 1.2 metres.    

Part 2 – Description of site of alternative highway

Garforth Public Footpath No. 1

Public footpath commencing from a Point E, SE 3959 3243, at the junction with Selby Road, to the east of house number 28 and 25.8 metres east of Point A, and proceeding for a distance of 238.7 metres in a southerly then west-north-westerly direction on a tarmac footway surface to a Point F, SE 3945 3237, at the junction with a shared surface road, then for a distance of 12.4 metres in a southerly direction on a block paved surface to a Point G, SE 3945 3236, then for a distance of 43.7 metres in a southerly then south-westerly direction on a crushed stone surface to a Point B, SE 3943 3233 at the junction with Swillington Footpath No. 5 at The Beck. The footpath has a width of 2 metres.    

The common seal of Leeds City Council was hereunto affixed this 2nd day of May 2024 in the presence of:    

Philippa Plumtree-Varley
Development Team Leader, Legal Services

Seal no. 107863    

Under Section 257 the Town and Country Planning Act 1980, Leeds City Council as the Highway Authority for Leeds has the power to make orders to stop up (close) or divert public rights of way if they are satisfied that it is necessary to do so in order to allow development to be carried out. A notice that such an Order has been made has to be advertised on the site of the paths in question and in the local press. This provides an opportunity for objections or representations to be made to the proposed change.    

Leeds City Council has made an Order to divert a definitive public footpath and a connected non-definitive footpath and provide an alternative route. This Statement has been prepared to explain various aspects of the Order.    

Leeds City Council has made the Diversion Order because planning permission has been granted for 79 dwellings with associated appearance, landscaping, layout and scale (Planning Ref: 22/01098/RM) which require the diversion of Garforth Public Footpath No. 1 and a non-definitive footpath at Selby Road, Garforth.    

Leeds City Council is satisfied that the Order complies with the following legal grounds and tests laid down in the Town and Country Planning Act 1990, Section 257, namely that the paths require diversion to allow the development to be carried out in accordance with planning permission and that alternative highways should be provided as replacements for the paths to be stopped up or diverted or that existing highways should be improved.    

In addition to the new path to be created by the Diversion Order, the developer has agreed to enter into a Public Path Creation Agreement under Section 25 of the Highways Act 1980, to dedicate a further public footpath near the south-western edge of the site. This would provide additional connectivity and choice in the public path network and would connect Garforth Footpath No. 3A to the site boundary adjacent to the roundabout. This path will continue across highway land to the footway around the roundabout and is shown for information with a pale grey broken line on the Diversion Order Plan.    

The order will come into effect only after it has been confirmed: making and advertising the Order simply provides an opportunity for objections or representations to be made.    

Objections or representations relating to the Order must be made in writing by 5 June 2024 to Legal Services at the address which is given in the Notice.    

The Leeds City Council will be willing to discuss the concerns of those considering objecting or making representations relating to the Order. Anyone wishing to do so may contact Charlotte Hamer in the Public Rights of Way Section on 0113 3788625 between 9.00 am and 4.00 pm, Mondays to Fridays inclusive.    

The right of objection to an Order is a statutory right, but it should be exercised in a reasonable manner. The costs involved in dealing with objections to Orders may be awarded against objectors in cases of unreasonable behaviour.    

If any objections are made and not withdrawn, then the Council will have to refer the Order to the Department of the Environment for determination. An Inspector from the Planning Inspectorate will then hear the objections at a Public Inquiry or Hearing, or in writing if the objectors agree. The Inspector can confirm an Order, confirm it with modifications, or refuse to confirm it. If no objections are received or if any objections received are subsequently withdrawn, the Council will be able to confirm the Order itself but it has no power to modify Orders.    

Where a new path is being created by an Order, the change will come into effect only after Leeds City Council certify that the alternative highways for use as replacements have been provided to the reasonable satisfaction of the Council.