Notice of public path diversion order Pudsey footpath no. 39

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 part of 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 reserved matters for eight dwellings with associated appearance, landscaping, layout and scale pursuant to approved application 17/07071/OT, planning applications reference 22/01463/RM.    

By this order:    

1. The footpath over the land shown by a bold black line 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 an alternative highway for use as replacements for the said footpath as provided in Part 2 of the Schedule and shown by bold black dashes on the attached map
3. The diversion of the 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 footpath is 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 path or way

Part of Pudsey public footpath no. 39

A public footpath commencing from a Point A, SE 2088 3325, at the junction with Gibraltar Road and proceeding for a distance of 64 metres in a north-easterly direction on a meadow surface to a Point B, SE 2092 3330 at the junction with the continuation of Pudsey Footpath No. 39 to the rear of 51 Waterloo Road. The footpath has a width of 1.2 metres.    

Part 2 – Description of site of alternative highway

Part of Pudsey public footpath no. 39

A public footpath commencing from a Point C, SE 2090 3326, at the junction with Gibraltar Road, approximately 20.7 metres east of the junction of the existing path with Gibraltar Road and proceeding for a distance of 50.6 metres in a north-north-easterly direction on a surface of tarmac, steps and block paving to a Point B, SE 2092 3330, at the junction with the continuation of Pudsey Footpath No. 39 to the rear of 51 Waterloo Road. The footpath has a width of 3.0 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. 107862    

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 public 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 eight dwellings with associated appearance, landscaping, layout and scale (Planning Ref: 22/01463/RM) which require the diversion of part of Pudsey Public Footpath No. 39 off Gibraltar Road, Pudsey.    

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 an alternative highway should be provided as a replacement for the path to be stopped up or diverted or that existing highways should be improved.    

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 END OF 4 WEEK PERIOD 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