Footpath application fails

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A WALKER has failed in a bid to have a route he claims to have walked for 54 years added to Warrington’s definitive rights of way map.
Evidence submitted by Grappenhall resident Dr Ivor McLean failed to convince the borough’s traffic committee that the track – which runs alongside Thelwall Viaduct – was a public right of way.
To be successful, Dr McLean had to show the path had been in use for 20 years.
He provided a signed statement, said to be from a former Lymm resident who now lives in Australia and a statement of support from three other local people who state they have used the way for more than 50 years.
However, Dr McLean asked that the other residents be not contacted.
Lymm Parish Council supported his application – but was not able to provide 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 Dr 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.
Borough council officers said there was 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 did not suggest the presence of a public right of way.
The only evidence that could be tested by questioning was from the applicant himself and this was not considered sufficient to show the presence of a public footpath.
The committee decided to refuse the application.
Picture: The gated track near Thelwall Viaduct.


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