Notice of public path diversion order Scarcroft footpath no. 8

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 owner of the land crossed by the footpath described in part 1 of this Order, and the public, it is expedient that the line of the path should be diverted. 

JP Wild Ltd of Ingram Road, Leeds LS11 9RQ have agreed to defray any compensation which becomes payable in consequence of the coming into force of this Order and any expenses which are incurred in bringing the new site of the path into a fit condition for use by the public. 

(The Authority have consulted with every Local Authority whose area includes land to which the Order relates (and Natural England) (and they have consented to the making of the Order) as required by Section 120(2) of the 1980 Act.) 

By this order: 

1. The public right of way over the land situated at Wood Farm, Wetherby Road, Scarcroft, Leeds 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.
2. There shall at the end of 21 days from the date of confirmation of this Order be a public footpath over the land situate at Wood Farm, Wetherby Road, Scarcroft, Leeds described in Part 2 of the Schedule and shown by a bold broken line on the Map contained in this Order.
3. Where immediately before the date on which the footpath is diverted there is apparatus under, in, on, 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.
4. This Order shall be cited as “The Leeds City Council Public Footpath Scarcroft No 8 (part) Public Path Diversion Order 2023”

Schedule part 1 - Description of site of existing path or way

Public Footpath, Scarcroft No 8 (part)

Footpath commencing from a Point A, SE 3606 4087, at the junction with footpath Scarcroft No 8 and proceeding for a distance of 72 metres in a generally north easterly direction on a grass surface to a Point B, SE 3613 4088, at the junction with Wetherby Road, Scarcroft. The footpath has a width of 0.9 metres. 

Schedule part 2 - Description of Site of New Path or Way

Public Footpath, Scarcroft No 8 (part)

Public Footpath commencing at Grid Reference SE 3606 4087 (Point A on the Plan) at the junction with footpath Scarcroft No 8 and running in a generally south easterly direction for a distance of approximately 8 metres to Grid Reference SE 3606 4087 (Point C on the Plan) and then in an east north-easterly direction for a distance of approximately 42 metres to Grid Reference SE 3610 4087 (Point D on the Plan) then running in a south easterly direction for a distance of approximately 18 metres to Grid Reference SE 3612 4087 (Point E on the Plan) on a carboniferous limestone surface where it terminates on the Wetherby Road. The new footpath shall have a width of 3 metres throughout its length. 

The common seal of Leeds City Council was hereunto affixed this 11th day of September 2023 in the presence of:      

Sarah Blenkin, Commercial Property Team Leader, Legal Services      

Seal no. 106562 

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 Public Footpath, Scarcroft No 8. This Statement has been prepared to explain various aspects of the Order.    

Leeds City Council has made the Diversion Order because it is in the interests of the landowner that the of Public Footpath Scarcroft No 8 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 landowner it is expedient that the line of the said footpath 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 12 October 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 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.