Following a public inquiry last December, the Inspector has published her findings and confirmed Leeds City Council’s decision to divert FP207, the public right of way along the ‘cobbled path’ by Cockburn School in Beeston.
The expansion of Cockburn School to create more secondary places in South Leeds necessitated the building of a new block of classrooms, which further exacerbated an existing shortfall in outdoor space for PE at the school.
The Council was granted planning permission to build a new 3G artificial rugby/football pitch and tennis/netball courts on adjacent land that was part of the former South Leeds Golf Club.
The school asserted that it required a single secure perimeter for the safety of students and visitors and that therefore the path should be diverted.
Planning permission for the pitches was granted on this basis, but public rights of way are subject to a separate procedure. Hence the enquiry.
In her report the Inspector, Helen Heward, considered technical legal issues, but overall balanced the safety of Cockburn School’s perimeter with the loss of amenity and historic value of the path.
Arguments on both sides are considered and given weight. In her conclusion the Inspector says:
“The diverted route would not be materially less safe, convenient, or commodious for footpath users. However, the loss of the use and enjoyment of the local heritage value of this section of FP207 by the community and wider public interest is a disadvantage. Against this, the proposal would have public benefits, particularly in enabling the Academy to ensure the safeguarding of children by the provision of a single secure perimeter fence around the school and sports pitch site.”
Alan Shaw, a Trustee of the Friends of Middleton Park told South Leeds Life:
“I would say that the Friends of Middleton Park are obviously disappointed in the judgement, but recognise that the Inspector was to a certain extent tied in her judgement by the original planning application and associated planning case law connected to previous decisions and circumstances elsewhere.
“I think that the Friends (and other local residents) supported by the Peak and Northern Footpaths Society made a valiant effort to challenge the judgement but we were stymied by the existing planning decision and associated caselaw.
“We do however note that the Inspector suggested in her judgement that there is still an opportunity to challenge the structure of the diverted PROW and the requirement for it to be a permissive bridleway, so we will be discussing this as an organisation and possibly following up with the council in the hope that hopefully, common sense will prevail and the need for a built path across the grassland might be reconsidered.”
Cllr Andrew Scopes (Labour, Beeston & Holbeck) commented:
“I’m glad the Planning Inspectorate looked at this case and has taken the complaints seriously. Ultimately, I think granting the diversion is reasonable and proportionate even though it is a loss to those of us who do use the current route.”
Cockburn School was also approached for comment.
You can read the Inspector’s report in full at bit.ly/PROW207
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