4.1 (v) "In more recent years we've struggled with continued issues Anti Social Behaviour and Crime, which at times has involved the regular attendance of the Police and threats of violence to our residents who have challenged people in our grounds".
4.1 (vi) "We can evidence discussions we have had with both Merseyside Police and Local Authority Planning Department to try and resolve these issues. … It is based on their findings and the advice they've given, that we have had the original boundary wall reinstated, to the original specification and based on the plans relating to the construction of Byron Court".
4.1 (vii) "We feel that the Application for Modification … is unwarranted and that The Gateacre Society has been canvassing for support, rather than there being a general public outcry regarding any potential loss of access".
4.1 (viii) "The failure on the part of the original developers to reinstate the boundary wall, cannot be construed as an indication to determine a public right of way. It is simply a failure by builders to finish the job".
4.2 In our Letter of Support for the Order (January 2017, see LCC Statement Appendix 3 pages 33-39) the Gateacre Society responded to these statements as follows: "Statement (i) is disproven by the Planning Report from 1984 (i.e. Annex 7), and statement (ii) is disproven by the Report from 1999 (i.e. Annex 11). Statement (iv) is disproven by the large number of User Evidence Forms that have been completed, all of which state that there were - prior to the wall being built - no signs or other warnings against using the path as a through route. Statement (viii) is based on the assumption that there was once a boundary wall between Acrefield Bank and Glenacres, which clearly there wasn't."
4.3 Regarding statement (iii) - about the role of the Gateacre Society when the Definitive Map was originally compiled - there most certainly is evidence that we sought to have the path included. The relevant documents are as follows:
4.4 Annex 18, which is a letter and enclosures sent by Mike Chitty (on behalf of the Gateacre Society) to Brian Mason of LCC Highways Department on 11 April 2002. One of the enclosures is a list of 'additional paths' in the Gateacre/Woolton area, originally suggested for formal designation as Public Rights of Way as long ago as 1994. This list includes - as path MC19 - the pedestrian route in question.