Public Footpath (Extinguishment) Order 2018 – Public Inquiry

Burley Woodhead Primary school made an application to the Council to close the public footpath which runs through the school grounds using Section 118B of the Highways Act 1980. 

There are specific legal tests that have to be met to close a public footpath through a school and the Council had to consider if these tests had been met.

Following an informal consultation in 2017 and further evidence submitted by the school, the Council decided that the tests had been met to make an Order.

The Order was made on 21 August 2018 and advertised in the Ilkley Gazette newspaper and by notices on site.

A significant number of responses were made to the proposal.  Both in support and also in opposition to the loss of the amenity that the route provides

The authority cannot confirm an opposed Order, so in accordance with the law the authority submitted the opposed Order to the Secretary of State. The Secretary of State has now appointed an independent Planning Inspector to decide the matter, i.e. whether to confirm the Order or not.  This will be dealt with by means of a Public Inquiry, to be held virtually on the 28 September 2021.

Documents submitted by the authority to the Secretary of State can be viewed via the links below. The notice from the Planning Inspectorate provides further details regarding the procedure.

Whilst the Council will not receive any further representations on this matter, anyone who wishes to attend can do so as an interested party.  Please email the case officer at the Planning Inspectorate directly to do so, their details are within the notice.

List of documents

01 Planning Inspectorate notice of Public Inquiry

02 Summary of proof of evidence (will be submitted in August) 

03 Statement of Case on which it is considered the order should be confirmed

04 Signed and sealed order (also referred to as Tab 6)  

05 Statement of Grounds on which it is considered the order should be confirmed

06 List of names and email addresses of respondents  (also referred to in Tab 8 and Tab 9)

06 Out of time comments and updated list

07 Representations, comments and support for the order

08 Objections to the order

Statement containing the OMA's comments on the objections – this is within 03 Statement of Case

09 Newspaper notice in press 23.08.2018

09 Maintenance schedule for notices on site

Certificate that, in accordance with the requirements of the Act, notices have been published, served and posted on site and at the local offices - this is within 03 Statement of Case

10 Name and address of every person, council or prescribed organisation notified under paragraph 1(3)(b)(i), (ii) and (iv) of Schedule 6 to the 1980 Act and Schedule 3 of SI 1993 No.11 Highways England and Wales, The Public Path Orders regulations 1993

Undertaking that if confirmed, notice will be duly published and served; or if not confirmed notice will be duly served – this is within 03 Statement of Case

11 Extract from the definitive map and statement

From the Statement of Grounds (where not already reproduced above):

12 Statutory Undertakers search results (also referred to as Tab 2) 

13 Cllr Whiteley correspondence (also referred to as Tab 3) 

14 Previous unconfirmed Orders (also referred to as Tab 4) 

15 Report, summary report and indices to Council Decision (includes list of links to other Public Inquiry decisions) (also referred to as Tab 5) 

16 Signed authority to make the Order (notice of making Order already included) (also referred to as Tab 6) 

17 (Previous) FOI request and school log of anti-social behaviour and vandalism (also referred to as Tab 7)

Additional information not previously submitted

18 Incidents on Burley and Woodhead School Site - Academic year 2019-20

Documents