Notice of public path extinguishment order Barwick-In-Elmet and Scholes No. 47

The above Order, made on 3 March 2022, under Section 118 of the Highways Act 1980, will extinguish the public right of way running from a point, SE 3767 3665, at the junction of Main Street and Station Road Scholes alongside 1 Station Road and proceeding for a distance of 102 metres in a west north westerly, then a south south westerly direction to a point, SE 3759 3663 on Wood Lane as shown on the Order Map.

A copy of the order and the order map may be seen at Parks and Countryside, Entrance Window, Farnley Hall, Hall Lane, Farnley, LS12 5HA (reference 160422), from 9.30am to 4pm on Monday to Friday and also at Scholes Library, Station Road, Scholes, Leeds, LS15 4BJ during normal opening hours until 5 April 2022. Copies of the Order and Map may also be obtained by emailing prow@leeds.gov.uk or calling 0113 3782875.

Compensation for depreciation or 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, Leeds City Council, Civic Hall, Calverley Street, Leeds LS1 1UR, (Quoting reference 160422), not later than 5 April 2022, 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If no such representations or objections are duly made, or if any so made are withdrawn, Leeds City Council may themselves confirm the Order as an unopposed Order.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to the Secretary of State for the Environment for confirmation any representations and objections which have not been withdrawn will be sent with it.

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 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 extinguish part of Barwick-in-Elmet and Scholes footpath No. 47. This Statement has been prepared to explain various aspects of the Order.

Leeds City Council has made the Extinguishment Order because this section of Barwick-in-Elmet and Scholes Footpath No. 47 runs to the side of Wood Lane in the verges which are prone to becoming overgrown. The public instead use the adopted section of Main Street outside of 149-159 and the central track of Wood Lane, which is being created by Order as a public bridleway with a width of 3 metres. When the Creation Order is confirmed the footpath along the verge will not be need for public use. The Extinguishment Order will only be confirmed on confirmation of the Creation Order.  

Leeds City Council is satisfied that the Order complies with the following legal grounds and tests laid down in the Highways Act 1980, Section 118, namely that it is expedient that the footpath should be stopped up on the ground as it is not needed for public use.

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. The Extinguishment Order will not be confirmed until the Creation Order is confirmed.

Objections or representations relating to the Order must be made in writing by (5) to the Assistant Chief Executive (Corporate Governance) at the address which is given in the Notice.

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 Claire Tregembo in the Public Rights of Way Section on 0113 3782875 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.