Notice of public path diversion order Leeds bridleway no. 259

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 bridleway and to stop up a 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 for the creation of a new vehicular access off Pontefract Lane and alterations to the road layout with associated landscaping and drainage, planning application reference 20/04608/FU. 

By this order: 

1. The bridleway and the footpath 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 and stopped up as provided below.
2. There shall be created to the reasonable satisfaction of Leeds City Council an alternative highway for use as a replacement for the said bridleway and footpath as provided in Part 2 of the Schedule and shown by bold black dashes on the attached map.
3. The diversion and stopping up of the bridleway and footpath 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 bridleway and footpath are diverted and stopped up 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

Leeds public bridleway no. 259

Public bridleway commencing from a Point A, SE 35346 31216, at the junction with the easterly continuation of Leeds Bridleway 259, to the south of Pontefract Lane, and proceeding for a distance of 425 metres in a south-westerly, then south-south-westerly, then south-westerly, then south-south-westerly direction on a crushed stone surface to a Point B, SE 35163 30868, at the junction with the south-westerly continuation of Leeds Bridleway 259 to the south of the Lakeside Way roundabout. The bridleway has a width of 3.0 metres. 

Leeds non-definitive public footpath no 261

Public footpath commencing from a Point C SE 35241 31020, at the junction with the existing Leeds Public Bridleway 259, 242 metres to the south-west of Point A, and proceeding for a distance of 23 metres in a south-south-easterly direction on a grass surface to a Point D, SE 35247 31002, at the junction with the proposed new public bridleway 199 metres north-east of Point B. The footpath has a width of 2.0 metres. 

Schedule part 2 - Description of site of alternative highway

Leeds public bridleway no. 259

Public bridleway commencing from a Point A, SE 35346 31216, at the junction with the easterly continuation of Leeds Bridleway 259, to the south of Pontefract Lane, and proceeding for a distance of 190 metres in a south-westerly then south-south-easterly direction on a crushed stone surface to a Point E, SE 35342 31056, then continuing for a distance of 16 metres across a new road in a south-south-easterly direction, on a tarmac surface to a Point F, SE 35346 31036, then for 256 metres in a west-south-westerly, then southerly, then south-easterly then south-westerly direction on a crushed stone surface to a Point G, SE 35206 30895, then, for 12 metres, through an underpass in a south-westerly direction, on a concrete surface to a Point H, SE 35202 30892, then for 44 metres in a south-westerly direction on a crushed stone surface, to a Point B, SE 35163 30868, at the junction with the south-westerly continuation of Leeds Bridleway 259 to the south of the Lakeside Way roundabout. 

From A to E and from F to G and from H to B, the bridleway has a width of 3.0 metres between verges of 0.5 metres. From E to F and from G to H it has a surfaced width of 3.0 metres. 

The common seal of Leeds City Council was hereunto affixed this 2nd day of March 2023 in the presence of:    

Gregg Shevill, General Property Team Leader, Legal Services    

Seal no. 105668 

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 part of a bridleway and close a short section of connected 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 the creation of a new vehicular access off Pontefract Lane and alterations to the road layout with associated landscaping and drainage (Planning Ref: 20/04608/FU) which require the diversion of part of Leeds Bridleway No 259 and a connected section of Leeds non-definitive Footpath 261 south of Pontefract Lane. 

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 highway should be provided as replacement for the paths to be stopped up or diverted. 

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 4 April 2023 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 378 8625 between 9am and 4pm, 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.