Sturton Lane to Aberford Road modification order

This Order is made by Leeds City Council under section 53(2)(b) of the Wildlife and Countryside Act 1981 “the Act” because it appears to the Authority that the West Yorkshire Metropolitan County Council (Modified) Definitive Map and Statement (Leeds Metropolitan District) requires modification in consequence of an occurrence of an event specified in section 53(3)(c)(i) of the Act, namely the discovery of evidence which, (when considered with all other available relevant evidence) shows that a right of way not shown on the map subsists or is reasonably alleged to subsist over land in the area to which the map relates.

The Authority have consulted with every Local Authority whose area includes land to which the Order relates.

The Leeds City Council hereby order that:

1. For the purposes of this Order, the relevant date is 13 September 2025.

2.The West Yorkshire Metropolitan County Council (Modified) Definitive Map and Statement (Leeds Metropolitan District) shall be modified as described in Part I and Part II of the Schedule and shown on the Plan attached to the Order.

3. This Order shall take effect on the date it is confirmed and may be cited as the Leeds City Council Restricted Byway (from Sturton Lane to Aberford Road, Garforth) Definitive Map Modification Order 2026.

Schedule part 1 - Description of way or path to be added

Garforth 49

Restricted Byway commencing from a Point A, SE 4149 3353, at its junction with Sturton Lane and running in a generally north then north-north-easterly direction for a distance of approximately 123 metres to a Point B SE 4151 3365, at its junction with Aberford Road and having a width of 5 meters.

Schedule part 2 - Particulars of path or ways to be added

Under the Wildlife and Countryside Act 1981, Leeds City Council, as the Surveying Authority for the Leeds Metropolitan District has a duty to keep the Definitive Map and Statement under continuous review. Councils are under an obligation to consider fully evidence and, if necessary, make Orders to add, delete, amend or reclassify public right 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 such an Order to modify the Definitive Map and Statement for the area by adding a Restricted Byway commencing from SE 4149 3353, at its junction with Sturton Lane, and running in a generally north then north-north-easterly direction for a distance of approximately 123 metres to SE 4151 3365, at its junction with Aberford Road as shown on the Order Map. Leeds City Council has made the Order because having considered the available evidence including user evidence, historic maps, photos, council records and landowner and occupier statements it believes that restricted byway rights exist on this route between Sturton Lane and Aberford Road. Leeds City Council is satisfied that the Order complies with the legal grounds and tests laid down in Section 53(3)(c)(i) of the Wildlife & Countryside Act 1981, namely that a right of way which is not shown on the Definitive Map and Statement subsists over the area to which the map relates.

This evidence may be consulted free of charge at Farnley Hall, Hall Lane, Leeds, LS12 5HA by appointment. Please make an appointment by emailing prow@leeds.gov.uk or calling 0113 378 8625.

Objections or representations relating to the Order must be made in writing by (6) to the address given in the Notice. To be relevant, objections or representations should relate to the question of the existence or status of rights of way; other objections or representations (for example, suitability, desirability, security, safety or maintenance) may be held to be irrelevant.

The City Council will be willing to discuss the concerns of those considering objecting or making representations relating to the Order. Please contact Charlotte Hamer, at Public Rights of Way, Climate Energy and Green Spaces, Farnley Hall, Hall Lane, Leeds LS12 5HA or on 0113 378 8625.

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 only in cases of unreasonable behaviour.

If there are no objections to the Order, or if any made are withdrawn, the City Council may confirm the Order, and the Definitive Map and Statement will then be modified. If there are any objections which are not withdrawn, the City Council must refer the Order and objections to the Department of the Environment, Food and Rural Affairs. The Department will appoint an independent Inspector to consider the Order and hear the objections, normally by holding a public inquiry. The Inspector may confirm the Order, with or without modifications, or may decide that the Order should not be confirmed.