Proposed Footpath Extinguishment in Shelley
Highways Act 1980, Section 118. Public footpath Kirkburton 125 (part) – Shelley Stores, Westerley Way, Shelley – Public Path extinguishment application.
Under the Highways Act 1980, local authorities have the power to make orders to create, divert or stop up public rights of way. An application has been received to extinguish part of public footpath Kirkburton 125 which runs between Westerley Way and Westerley Close. The application has been made under Section 118 of the Highways Act 1980 on the grounds that it is not needed for public use.
The section of footpath which would be stopped up is currently obstructed by part of the store and gates at the rear of the property as illustrated in the map. It appears that this part of public footpath Kirkburton 125 has been obstructed for some time and this application has been made in lieu of immediate enforcement action. Alternative pedestrian access is via the roadside footways of Westerly Close which is a public vehicular highway maintained at public expense. Any proposed extinguishment would come into effect only after it has been confirmed: this is a preliminary consultation process and simply provides an opportunity for views to be expressed. The Council has made no decision yet.
General Statement on the Application
Kirklees Council will need to be satisfied that the proposal complies with the following grounds and tests laid down in the Highways Act 1980:
1. It appears expedient that the path should be stopped up on the grounds that it is not needed for public use.
2. To confirm an Order, the extent to which the path would be likely to be used must be considered, as well as the effect that the extinguishment would have as respects land served by the way.
3. Any temporary circumstances preventing use of the path shall be disregarded.
4. It is in accordance with the Kirklees Council Rights of Way Improvement Plan.
Comments on the application should be made in writing by 9 January 2015 to Giles Cheetham, Kirklees Council, Investment & Regeneration Service, Civic Centre 3, PO Box B93, Huddersfield, HD1 2JR or email firstname.lastname@example.org.
If you want to discuss this proposal, you may contact the Council’s definitive map team at the above office during office hours, 8.30-17.00 or by telephone: 01484 225575.