A WALKER has applied for a route he claims to have walked for 54 years to be added to Warrington’s definitive rights of way map.
The alleged footpath runs alongside Thelwall Viaduct and according to local resident Ian McLean existed before the viaduct was built.
He has provided a signed statement said to be from a former Lymm resident who now lives in Australia and a statement of support from three local people who state they have used the way for more than 50 years.
However, Mr McLean has asked that the other residents be not contacted.
Lymm Parish Council has supported his application – but has not provided any evidence to support his claims.
The alleged path today is a tarmac access road running alongside the Viaduct from Warrington Road, Lymm and then continuing as an earth path up a bank to join a permissive footpath alongside the Manchester Ship Canal
According to Mr McLean, prior to Thelwall Viaduct being built around 1960 there was a field gate, stile and footpath sign on the track, close to Warrington Road. They were replaced by the tarmac road and a new gate when the viaduct was built but the stile and signpost were not replaced.
He continued to use the route until, in 2012 a Highways Agency sign was erected stating: “Private Property – Trespassers will be prosecuted.” When he sought to assert his right of way, the Highways Agency denied the existence of any public right of way.
The issue comes before Warrington Borough Council’s traffic committee on Wednesday (March 5). But Town Hall officers are recommending that Mr McLean’s application be rejected.
They say there is no sign of any pre-motorway track on the 1910 and 1937 Ordnance Survey maps, the Lymm tithe map nor older Ordnance Survey maps. Documentary evidence from the Land Registry or historic mapping does not suggest the presence of a public right of way.
The only evidence that can be tested by questioning is from the applicant himself and this is not considered sufficient to show the presence of a public footpath.
If the committee refuse his application, Mr McLean can appeal to the Secretary of State.
Pictured: The gated track at the side of Thelwall Viaduct
Footpath that's not on the map!
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Gary Skentelbery
Experienced journalist for more than 40 years. Managing Director of magazine publishing group with three in-house titles and on-line daily newspaper for Warrington. Experienced writer, photographer, PR consultant and media expert having written for local, regional and national newspapers. Specialties: PR, media, social networking, photographer, networking, advertising, sales, media crisis management. Chair of Warrington Healthwatch Director Warrington Chamber of Commerce Patron Tim Parry Johnathan Ball Foundation for Peace. Trustee Warrington Disability Partnership. Former Chairman of Warrington Town FC.
