The above Order, made on 1 July 2024, under Section 119 of the Highways Act 1980, will divert the public bridleway commencing from a point, SE 4132 4890, at the junction with the southerly continuation of Wetherby Bridleway No. 7, 20 metres to the north of its junction with York Road and proceeding for a distance of 105 metres to a point, SE 4128 4899, at the junction with the westerly continuation of Wetherby Bridleway No. 7 on to a new line running from a point, SE 4132 4890, at the junction with the southerly continuation of Wetherby Bridleway No. 7, 20 metres to the north of its junction with York Road and proceeding for a distance of 8 metres direction to a Point, SE 4131 4890, then for a distance of 93 metres to a Point, SE 4128 4899, at the junction with the westerly continuation of Wetherby Bridleway No. 7, as shown on the Order Map.
A copy of the order and the order map may be seen at Parks and Countryside Reception, Farnley Hall, Hall Lane, Farnley, LS12 5HA (reference 206560), from 8am to 4pm on Monday to Thursday and 8am to 3:30pm on Friday and also at Wetherby Library and One Stop Centre, 17 Westgate, Wetherby, Leeds, LS22 6LL during normal opening hours until 1 August 2024. Copies of the Order and Map may also be obtained by emailing prow@leeds.gov.uk or calling 0113 378 8625.
Compensation for depreciation of damage for disturbance and arising as a result of the coming into force of the Order is payable under Section 28 (as applied by section 121 (2) of the Highways Act 1980 (as amended by the Transport and Works Act 1992) which are copied with this notice.
Any representation or objection relating to the order must be sent in writing to Legal Services, Civic Hall, Calverley Street Leeds LS1 1UR, or by email to legal.development@leeds.gov.uk (Quoting reference 206560), not later than 1 August 2024, and applicants are requested to state the grounds on which it is made.
If no such representations or objections are duly made, or if any so made are withdrawn, Leeds City Council may themselves confirm the Order as an unopposed Order. If the Order is submitted to the Secretary of State for the Environment for confirmation any representations and objections which have not been withdrawn will be sent with it.
Notice of public path diversion order
This Order is made by Leeds City Council (‘the Authority’) under Section 119 of the Highways Act 1980 (‘the 1980 Act’) because it appears to the Authority that in the interests of the public the bridleway described in Part 1 of the Schedule to this Order it is expedient that the line of the way should be diverted.
Taylor Wimpey Yorkshire has agreed to contribute towards any compensation which becomes payable in consequence of the coming into force of this Order and pay any expenses which are occurred in bring the new site of the bridleway into a fit condition for use by the public.
By this order:
- The public right of way over the land situated at Wetherby and shown by a bold continuous line on the map contained in this Order and described in Part 1 of the Schedule to this Order shall be stopped up after 28 days from the date of confirmation of this Order.
- There shall at the end of 21 days from the date of confirmation of this Order be a public bridleway over the land situated at Wetherby described in Part 2 of the Schedule and shown by a bold broken line on the Map contained in this Order.
- The rights conferred on the public under this Order shall be subject to the limitations and conditions set out in Part 3 of the Schedule
Schedule part 1 - description of site of existing path or way
Part of Wetherby Bridleway No 7
A public bridleway on Carr Lane, Wetherby commencing from a Point A, SE 4132 4890, at the junction with the southerly continuation of Wetherby Bridleway No. 7, 20 metres to the north of its junction with York Road and proceeding for a distance of 105 metres in a north-north-westerly then west-south-westerly direction on a crushed stone surface to a Point B, SE 4128 4899, at the junction with the westerly continuation of Wetherby Bridleway No. 7. The bridleway has a width of 2.7 metres.
Schedule part 2 - Description of site of new path or way
Part of Wetherby Bridleway No 7
A public bridleway to the west of Carr Lane, Wetherby, commencing from a Point A, SE 4132 4890, at the junction with the southerly continuation of Wetherby Bridleway No. 7, 20 metres to the north of its junction with York Road and proceeding for a distance of 8 metres in a westerly direction to a Point C, SE 4131 4890, then for a distance of 93 metres in a north-north-westerly, then north-westerly direction to a Point B, SE 4128 4899, at the junction with the westerly continuation of Wetherby Bridleway No. 7. The bridleway has a Flexipave surface and a width of 3.0 metres.
Schedule part 3 - Limitations and Conditions
Limitation/Condition | Location |
There will be no new limitations or conditions resulting from this Order | |
The common seal of Leeds City Council was hereunto affixed this 1st day of July 2024 in the presence of:-
Philippa Plumtree-Varley
Development Team Leader, Legal Services
Seal no. 108144
Statement of reasons
Under the Highways Act 1980, Leeds City Council as the Highway Authority for Leeds has the power to make Orders to create, extinguish (close) or divert public rights of way. A notice that such an Order has been made has to be advertised on the site of the path(s) 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 public bridleway. This Statement has been prepared to explain various aspects of the Order.
This statement does not form part of the order.
Leeds City Council has made the Diversion Order because it is in the interests of the public that part of Wetherby Bridleway No. 7 should be diverted.
Leeds City Council is satisfied that the Order complies with the following legal grounds and tests laid down in the Highways Act 1980, Section 119, namely that in the interests of the public it is expedient that the line of the said bridleway that it should be 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 1 August 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 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 a Creation or Diversion Order, the change will come into effect only after a specified period from the date of confirmation to allow time for any necessary works to be undertaken.
Leeds City Council
Civic Hall
Calverley Street
Leeds
LS1 1UR