Notice of public path diversion order footpaths and bridleways at Pitty Close

The above Order was made on 12 May 2025 under Section 333(7) of the Town and Country Planning Act. The effect of the Order will be to vary the Leeds City Council (Footpaths and Bridleways at Pitty Close) Diversion Order 2021 by extinguishing, diverting, and improving public footpaths and bridleways as shown on the amended Order Map and described in the amended Order Schedule. The public footpaths and bridleways affected by the Variation Order are Morley Footpath No. 12 and Morley Bridleway No. 157, as described in the Schedule attached to this Notice.

A copy of the Order and the Order Map may be seen free of charge at Climate, Energy and Green Spaces Reception, Farnley Hall, Hall Lane, Farnley, LS12 5HA (reference 224128), from 8am to 4pm on Monday to Thursday and 8am to 3:30pm on Friday and also at Morley Community Hub and Library, Commercial Street, Morley, Leeds LS27 8HZ during normal opening hours until 12 June 2025. Copies of the Order and Map may also be obtained by emailing prow@leeds.gov.uk or calling 0113 378 8625.

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, or by email to PROW@leeds.gov.uk (Quoting reference 224128), not later than 12 June 2025, 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If no such representations or objections are duly made, or if any so made are withdrawn, Leeds City Council may themselves confirm the Order as an unopposed Order.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to the Secretary of State for the Environment for confirmation any representations and objections which have not been withdrawn will be sent with it.

Schedule to accompany notice of public path order

The second section of the existing path Morley Footpath No. 12 to be diverted is to be varied to commence from a new Point N, SE 2273 2909, at the junction with the existing Morley Footpath No. 12, 101 metres north-north-east of its junction with Spring Gardens, for a distance of 175 metres in a north-north-easterly then north-easterly direction to Point D, SE 2285 2922, at the junction with Morley Footpath No. 15 between 26 Lumb Hall Way and 24 Lumb Bottom.

The alternative highway, Morley Bridleway No.157, is to be varied to commence from Point J, SE 2269 2902, at the junction with Morley Footpath No. 12 and Bridleway No. 158 then for a distance of 85 metres in a north-north-easterly direction to a new Point N, SE 2273 2909, then for 166 metres in a north-easterly, then north-north-easterly, then north-easterly direction to Point K, SE 2285 2921, at the junction with Morley Bridleway No. 159, just south of 24 Lumb Bottom.

Notice of public path diversion order

This Order is made by Leeds City Council (‘the Authority’) under Section 333(7) of the Town and Country Planning Act 1990.

By this order:

  1. The Leeds City Council (Footpaths and Bridleways at Pitty Close)  Diversion Order 2021 is hereby varied as described in the following articles
  2. The Order Map attached to the Leeds City Council (Footpaths and Bridleways at Pitty Close) Diversion Order 2021 shall be deleted and the Map attached to this Order entitled the Leeds City Council (Footpaths and Bridleways at Pitty Close) Diversion Order 2021 (Variation) Order 2025 shall be substituted
  3. In Part 1 of the Schedule in the 2021 Order, ‘Description of the Site of Existing Paths or Ways’ the description for Morley Footpath No. 12 shall be deleted and the words describing Morley Footpath No. 12 in Part 1 of the Schedule attached to this Order shall be substituted
  4. In Part 2 of the Schedule in the 2021 Order, ‘Description of Site of Alternative Highways’ the description for Morley Bridleway No. 157 shall be deleted and the words describing Morley Bridleway No. 157 in Part 2 of the Schedule attached to this Order shall be substituted
  5. The Order shall come into effect on the date it is confirmed and may be cited as the Leeds City Council (Footpaths and Bridleways at Pitty Close) Diversion Order 2021 (Variation) Order 2025

Schedule part 1 - Description of Site of Existing Paths or Ways

Morley Footpath No. 12

A public footpath commencing from a Point A, SE 2269 2901, at the junction with Spring Gardens to the north-west of 41 Spring Gardens and proceeding for a distance of 38 metres in a noth-north-easterly direction on an earth surface to a Point B, SE 2270 2904, at the junction with the continuation of Morley Footpath No. 12.  The footpath has a width of 1.2 metres.

And a public footpath commencing from a Point N, SE 2273 2909, at the junction with the existing Morley Footpath No. 12, 101 metres north-north-east of its junction with Spring Gardens and proceeding for a distance of 24 metres in a north-north-easterly direction to a Point C, SE 2275 2912, then for a distance of 151 metres in a north-easterly direction, all on an earth surface, to a Point D, SE 2285 2922, at the junction with Morley Footpath No. 15 between 26 Lumb Hall Way and 24 Lumb Bottom. The footpath has a width of 1.2 metres.

Schedule part 2 - Description of Site of Alternative Highways

Morley Bridleway No. 157

A public bridleway commencing from a Point J, SE 2269 2902, at the junction with Morley Footpath No. 12 and Bridleway No. 158 and proceeding for a distance of 85 metres in a north-north-easterly direction to a Point N, SE 2273 2909, then for a distance of 166 metres in a north-easterly, then north-north-easterly, then north-easterly direction on a self-binding gravel surface to a Point K, SE 2285 2921, at the junction with Morley Bridleway No. 159, just south of 24 Lumb Bottom.  The bridleway has a width of 3.0 metres.

Map showing paths and bridleways diverted around Pitty Close Farm and Spring Gardens, north of King Street, Drighlington

The common seal of Leeds City Council was hereunto affixed this 12 day of May 2025 in the presence of:

Sarah Blenkin, Section Head, Legal Services

Seal no. 109549

Statement of reasons

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. 

Leeds City Council also has the power to make further Orders to vary previously made Orders under Section 333(7). 

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 a Variation Order to amend a previously made Order. 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 Variation Order to vary the Leeds City Council (Footpaths and Bridleways at Pitty Close) Diversion Order 2021 (“the 2021 Order”) because amendments to the description of Morley Footpath No. 12 and Morley Bridleway No. 157 are needed due to on-site works which have resulted in ground loss creating a steep drop between Points N and C on the Variation Order plan. This is next to the existing Morley Footpath No. 12 and has resulted in insufficient width for the construction of the proposed 3 metre wide Morley Bridleway No. 157 in the same area. No other changes to the descriptions in the 2021 Order of existing paths or ways, alternative highways or highways to be improved are intended by this Variation Order.

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 333, namely that the original order requires varying or revoking. 

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 June 2025 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 Variation 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.

Dated 15 May 2025

Leeds City Council
Civic Hall
Calverley Street
Leeds
LS1 1UR