Notice of public path creation order at Wood Lane

This Order is made by Leeds City Council ("the Authority") under Section 26 of the Highways Act 1980 ("The 1980 Act") because it appears to the Authority that, having regard to the matters set out in Section 26(1), there is a need for a public Bridleway over the land to which this Order relates, and that it is expedient that the path should be created.

By this order:

1. There shall be at the end of 21 days from the date of confirmation of this Order a public bridleway over the land at Stanks and Scholes described in the Schedule to this Order and shown by a bold broken line on the Map attached to this Order.

Schedule - Description of Land

Barwick-in-Elmet and Scholes Bridleway No. 47

Bridleway commencing from a Point A, SE 3763 3666, at the junction with Main Street, Scholes alongside number 159 and proceeding along Wood Lane for a distance of 153 metres in a west south westerly, then a south westerly then a west north westerly direction on a compacted crushed stone surface to a Point B, SE 3750 3667, at the junction with Leeds Bridleway No. 304. The Bridleway has a width of 3 metres.

Leeds Bridleway No. 304

Bridleway commencing from a point B, SE 3750 3667, at the junction with Barwick-in-Elmet and Scholes Bridleway No. 47 and proceeding along Wood Lane for a distance of 303 in a west north westerly and then a west south westerly direction on a compacted crushed stone surface to a point C, SE 3721 3663 on Wood Lane. The Bridleway has a width of 3 metres.

The common seal of Leeds City Council was hereunto affixed this 3rd day of March 2022 in the presence of: Gregg Shevill (General Property Team Leader, Legal Services).

Seal no. 103855.

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 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 upgrade the public footpaths along Wood Lane to bridleway. This Statement has been prepared to explain various aspects of the Order.

Leeds City Council has made the Creation Order because Wood Lane is believed to have been used by the public for cycling and horse riding for many years between Scholes and Stanks. As part of the consultation process for the East Leeds Orbital Road local residents and Parish Councils requested that Wood Lane be upgrade to bridleway and that surface improvements were made to provide a make walking and cycling easier indicating a clear need for a bridleway here. In addition to the existing usage, Wood Lane will also now link to the new recreational bridleway along the full length of the north and eastern side of East Leeds Orbital Road and the new shared pedestrian and cycleway on the south and western side of East Leeds Orbital Road providing a further need to upgrade Wood Lane to bridleway.  

Leeds City Council is satisfied that the Order complies with the following legal grounds and tests laid down in the Highways Act 1980, Section 26, namely that it is expedient, having regard to the extent to which the path would add to the convenience or enjoyment of a substantial section of the public or of persons residing in the area and the affect which the creation would have on the rights of persons interested in the land, account being taken of the provisions for compensation, the proposed footpath should be created.

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 5 April 2022 to the Assistant Chief Executive (Corporate Governance) 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 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.