Decision details

Background

A number of changes to the rights of way have been made through public path diversion, creation and extinguishment orders made under either a Highways Act or a Town and Country Planning Act, or ways created as part of a Section 38 Highways Act adoption process among many others. However, these orders do not have the power to change the definitive map (the official record of the rights of way) although they have changed the right of way on the ground.

In order to tidy up this process and ensure the definitive map (record of rights of way) is accurate it is necessary to do a legal event modification order (LEMO) to update the definitive map to reflect the changes made to the rights of way network.

The list below constitutes changes made through consultation with the public and stake holders specified in the legislation, but a legal event modification order is required to change the definitive map.

City of York Council has never made LEMOs for the Former County Borough of York or Former West Riding area hence the LEMOs below dating back to the creation of the Definitive Map in the 1950s. Following the making and sealing of orders for the former East Riding of Yorkshire between 1971 to 2023 a Creation Agreement was finalised in 2023.

Therefore, in order to update the definitive map and statement, CYC is required to make these LEMOs which are an internal and purely administrative task that incurs no additional expense or consultation process.

LEMOs to be made in respect of West Riding, East Riding and Former County Borough orders as below:

Acaster Malbis:
1. Public Footpath Acaster Malbis 3 Diversion Order 2024 (confirmed in 2025)

Askham Bryan
2. The Council of the City of York Public footpath Askham Bryan No.5 Public Path Diversion Order 2007 (confirmed in 2007).

Bishopthorpe
3. Public footpath Bishopthorpe No. 1 Extinguishment Order 2002 (confirmed in 2002)
4. Public footpath Bishopthorpe No. 1 Diversion Order 2002 (confirmed in 2002)

Hessay
5. British Railways Act 1972 (extinguished all rights of way except on foot over Shirbutt Lane Level Crossing)
6. The Council of the City of York Public Footpath Hessay No. 2 Public Path Diversion Order 2005 (confirmed in 2006).

Nether Poppleton
7. The Council of the County of North Yorkshire (Nether Poppleton) (Prohibition of Cycling) Order 1978 (made and confirmed in 1978)
8. The Council of the City of York Public Footpath Nether Poppleton No. 2 Diversion Order 2000 (confirmed in 2001).
9. The Council of the City of York Public Footpath Nether Poppleton No. 2 Diversion Order 2005 (confirmed in 2005)
10. The Council of the City of York Highways Act 1980 Section 116 Stopping Up Parts of Public Highway - Public Footpath Nether Poppleton No.4 2001 (Stopping up part of public footpath 4, confirmed in 2001).
11. The Council of the City of York Public Footpath Nether Poppleton No.1 Public Path Diversion Order 2005 (confirmed in 2005).

Fulford
12. Public Path Creation Agreement (pursuant to Section 25 of the Highways Act 1980) Fulford Public Footpath 12 (confirmed in 2023)
13. Public Path Creation Agreement (pursuant to Section 25 of the Highways Act 1980) Fulford Public Footpath 13 (confirmed in 2023)
14. Public Path Creation Agreement (pursuant to Section 25 of the Highways Act 1980) Fulford Public Footpath 24 (confirmed in 2023)
15. Public Path Creation Agreement (pursuant to Section 25 of the Highways Act 1980) Fulford Public Footpath 25 (confirmed in 2023)

Clifton Ward
16. Public Footpath York (Clifton) No15 Special Extinguishment Order 2005 (confirmed in 2006)
17. Grosvenor Terrace Alleyway Special Extinguishment Order 2005 (confirmed in 2005)
18. Stopping up of a highway at the rear of Avenue Terrace York (confirmed in 2005)

Rawcliffe and Clifton Without Ward
19. The Council of the City of York (Land at Lilbourne Drive, Clifton) Public Path Stopping Up Order 2011 (confirmed in 2011)

Guildhall Ward
20. Public footpath (No2 to No18 Vyner Street & No145 to No153 Haxby Road) Extinguishment Order 2005 (confirmed in 2005)
21. Public footpath (No20 to No44 Vyner Street, Haxby Road) Extinguishment Order 2005 (confirmed in 2005)
22. Public footpath (No6 to No14 Park Grove, The Groves) Extinguishment Order 2005 (confirmed in 2005)
23. Public footpath (1 to 15 Portland Street, Gillygate) Extinguishment Order 2005 (confirmed in 2005)
24. Public footpath (Neville Street/Stanley Street, The Groves) Extinguishment Order 2005 (confirmed in 2005)

Heworth Ward
25. Public footpath York (Heworth) No.9 and public footpath York (Heworth) No.17 (confirmed in 2002)
26. Public footpath York (Heworth) No.9 and public footpath York (Heworth) No.17 (confirmed in 2002)

Heworth Without Ward
27. Public footpath No.5 (Heworth Without) Diversion Order 2003 (confirmed in 2003)

Holgate Ward
28. The Stopping up of Highways (City and County Borough of York)(No.1) Order 1964 (confirmed in 1964)
29. Public footpath Cleveland Street Holgate Extinguishment Order 2005 (confirmed in 2005)

Micklegate Ward
30. Public footpath (Gray Street/Nunthorpe Road Scarcroft Road) Extinguishment Order 2005 (confirmed in 2005)
31. Public footpath (No11 to No23 Vine Street Bishopthorpe Road) Extinguishment Order 2005 (confirmed in 2005)
32. Public footpath (10 to 16 Grey Street Scarcroft Road) Extinguishment Order 2005 (confirmed in 2005)
33. Public footpath (No1 to No5 Charlton Street and No48 to No 52 Bishopthorpe Road) Extinguishment Order 2005 (confirmed in 2005)
34. The Conversion of Highways into Footpaths or Bridleways (District of York) (No.1) 1983 (confirmed in 1983).

Westfield Ward
35. Order Authorising the Stopping up and diversion of a highway (Slessor Road) (confirmed in 1992)
36. The City of York (Chesney Fields, Gale Lane) (Number 2) Public Path Diversion Order 1996 (confirmed in 1996)
37. Council of the City of York Public Footpath 81 York (Foxwood) Diversion Order 2002 (confirmed in 2003)
38. Diversion of Highway off Tedder Road Acomb (confirmed in 2004)
39. The Council of the City of York Public Footpaths, York (Foxwood) No 14, 47, 49, 56, 61, 72, 74, 75, 77, 78 & 79 Public Path Extinguishment Order 2003 (confirmed in 2003) – 11 orders

Decision:
I authorise the making of legal event modification orders in respect of the orders listed above