4.12 (iii) "The date for when the public use of the route is first called into question is 1977" and "Between 1977 and 1984 there was insufficient time and there is insufficient evidence of use for the route to be claimed as of right".
4.12 (iv) "There is evidence to show that a chain was used across the link between the properties Glenacres and Acrefield Bank and subsequently Byron Court".
4.12 (v) "Since Byron Court was opened in 2001 the residents have actively challenged public use … a resident suffered a Section 20 Assault having challenged the offenders ...".
4.12 (vi) "There was and still is a publicly maintained footpath only a short distance away from the route in question … offering the same level of public access … via Woolton Mount".
4.12 (vii) "In 2014 Byron Court received notice from the Planning Department of a proposed development at the adjacent local authority run Glenacres. … Prior to the Planning Department site visit in 2014, the residents of Byron Court were working with the Local Community Police team to resolve what the Police had classed as a 'Hot Spot' in terms of Criminal Activity and Anti Social Behaviour. … There is evidence that this had been an issue for the residents since Byron Court was opened in 2001. … Both the Planning Officer Mr Dagnall and the Police Architectural Liaison Officer Sgt Stott concluded that ... constructing the wall … was the only way to address the issues".
4.12 (viii) "The effect of this Order will be to grant a small number of people the right to walk some 50 yards shorter in distance to reach a park at the expense of the peace and safety of the residents at both Byron Court and Glenacres".
4.13 The Gateacre Society's response to these points is as follows:
4.13 (i) The Director of Social Services was not the owner of the land. The City Council, in granting planning permission for the omission of a footpath link from the plans for Woolton Park Close, implicitly accepted the 'Alternative Link', i.e. the path through the grounds of Acrefield Bank, as a public thoroughfare.
4.13 (ii) There is no evidence that the 'Private Road' sign at the entrance to Glenacres was aimed at anyone other than the drivers of cars and other vehicles.