1.9 It is our belief that the advice which the Byron Court (Liverpool) Management Company received from Liverpool City Council's Highways and Planning departments was either incorrect or misinterpreted.
1.10 On 23 May 2016 Mike Chitty submitted the Claim on behalf of the Gateacre Society, handing the following documents to Mike Cassidy:
Form A: defining the claimed Right of Way.
Form B: certifying that a notice of the Application had been served on owners and occupiers (including Hayne Securities Ltd and Byron Court (Liverpool) Management Co Ltd by post, and Christopher George and John Evans by email).
Form E: 49 individually completed and signed forms containing the User Evidence.
1.11 On 20 January 2017, following publication of the draft Order by Liverpool City Council, Mike Chitty handed in a letter to the City Solicitor. It read as follows:
"The Gateacre Society's Executive Committee has asked me to write to you, to express our support for the inclusion of the Acrefield Road-Glenacres-Byron Court-Woolton Park footpath in the City Council's Definitive Map of Public Rights of Way."
1.12 Included with the letter of 20 January were 23 Annexes (the first 10 of which had already been submitted with the original Claim) and 7 additional User Evidence Forms (which had been received too late for inclusion with the original Claim). Copies of almost all of these - along with the first 49 User Evidence Forms - have already been submitted to the Planning Inspectorate by Liverpool City Council. They are listed at the end of this Statement of Case.
2 User Evidence
2.1 The Right of Way Claim submitted to Liverpool City Council on 23 May 2016 was supported by 49 User Evidence Forms ('Form E'). Later on (20 January 2017) a further 7 User Evidence Forms were submitted (as the Gateacre Society's 'Annex 17'). The 56 forms had been completed and signed by residents of Glenacres (12 forms), the Woolton Park area (10), Acrefield Road (9), Hollytree Road (8) and various other roads (17). This demonstrated that the path had been of benefit to a large number of people living to the north, south, west and east of the application site. All of the User Evidence Forms have, we are told, been forwarded to the Planning Inspectorate by Liverpool City Council. However, the copy we received from the Council omitted parts of the forms numbered MC13 and MC30, so duplicates of these two forms are appended to this Statement of Case.