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Court rules tyre wall near to Kingsway Bridge must be removed
Updated 8:08am Thursday 22nd May 2014 in News
THE owner of a tyre wall near to the Kingsway Bridge has vowed to fight against a court ruling after his appeal was dismissed.
Patrick Moran, of Glazebrook Lane, was told that he has eight weeks from today, Wednesday, to remove the bales of tyres from the land at the junction of Farrell Street and Kingsway North.
Mr Moran, who represented himself at the court hearing at Warrington Magistrates Court today, Wednesday, was appealing the council’s demands to remove the tyre bales, which were constructed on January 9 and 10.
The 46-year-old argued that he had the right to construct the tyre wall as he had the permission of the Environment Agency under a U1 exemption as he had used specific tyre bales.
As there was already planning permission granted on the land for work by the Environment Agency, Mr Moran could erect a hoarding fence around the perimeter of the site to prevent access to the building work, the court heard.
Mr Moran added: “I am doing this in the best interest of the site. I have cleaned up the site.”
He also argued that the tyres do not cause harm to amenity and that there was ‘shanty town looking allotments’, large pylons and a large electrical sub-station near to the land that were ‘unsightly’.
Further complaints against the council were made by Mr Moran who claimed they had ‘issued something they shouldn’t have done’ with a legal section 215 notice and that other means such as a planning contravention notice could have been used instead.
He added that they had taken the matter ‘too far’ by asking him to remove the tyres from the site and dispose of them at a waste disposal unit.
“There has been an outcry about them but it is does not matter to some degree what people think,” said Mr Moran, who later argued that he knows ‘plenty of people in support of it’.
John Holmes, who was representing the council, described the tyres as ‘unsightly and unsympathetic to the landscape’ and there was clear evidence to prove they did impact on the local amenity.
Mr Holmes said that the tyres were not a hoarding as they did not prevent access.
The court also heard that the council had received 16 complaints from residents and councillors about the tyres.
Chairman of the magistrates John Gartside said: “We find that there is a negative impact on the neighbourhood and the area of the tyre fence construction.
“We also feel that section 215 is an appropriate instrument of legislation for the local authority to use and rely upon.”
He also added the tyre assembly is part of an extension to the perimeter fence line and it was not a hoarding.
Mr Moran was also ordered to pay £1,600 in court costs despite his arguments that if the court imposed this it ‘would act as a deterrent for people to defend themselves’.
THREE local ward councillors have welcomed the news that the tyres must be removed.
The Mayor of Warrington Clr Peter Carey said: “I am glad the court upheld the council’s position. The man is perfectly entitled to exercise his rights and appeal the decision and we have to respect that.
“But at the end of the day it is public nuisance and an eye sore.”
Tony Higgins (Fairfield and Howley - LAB) described it as ‘the right course of action’.
He said: “I have worked hard to make Fairfield and Howley a clean and tidy place but these tyres are an unsightly mess.
“Ninety-nine per cent of residents who live in the area have been appalled by this man’s behaviour and the tyres.
“There will only be one winner in this and that winner is Warrington Borough Council.”
Clr Kevin Bennett (Fairfield and Howley - LAB) said he was pleased by the result and hope they would be removed quickly.
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