Court rules tyre wall near to Kingsway Bridge must be removed

Warrington Guardian: Patrick Moran Patrick Moran

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.
 

Comments (10)

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7:47pm Wed 21 May 14

realistic southstander says...

This eyesore should be removed ASAP. How on earth has this pipsqueak been allowed to ruin the environment for so long ? Can't believe locals have put up with it since January.
This eyesore should be removed ASAP. How on earth has this pipsqueak been allowed to ruin the environment for so long ? Can't believe locals have put up with it since January. realistic southstander
  • Score: 33

9:45pm Wed 21 May 14

john latchford says...

How about moving the tyre wall and putting it in glazebrook lane and see what his neighbours think
How about moving the tyre wall and putting it in glazebrook lane and see what his neighbours think john latchford
  • Score: 45

8:56am Thu 22 May 14

Squashking says...

I do agree with the ruling, but what is stopping him taking the tyres down and putting another "eyesore" in its place.......he sounds that stubborn.
I do agree with the ruling, but what is stopping him taking the tyres down and putting another "eyesore" in its place.......he sounds that stubborn. Squashking
  • Score: 10

11:10am Thu 22 May 14

Bish66 says...

Is that his Man Bag or Purse.Looks a bit battered,needs a new one.I'll put a advert on his tyres where to get a new one.
Is that his Man Bag or Purse.Looks a bit battered,needs a new one.I'll put a advert on his tyres where to get a new one. Bish66
  • Score: 10

12:15pm Thu 22 May 14

tojahejome says...

Take the tyre wall from Latchford and put it around Thron Cross it might keep the prisoners in and stop them escaping
Take the tyre wall from Latchford and put it around Thron Cross it might keep the prisoners in and stop them escaping tojahejome
  • Score: 26

12:59pm Thu 22 May 14

MikeJT says...

Personally I never had an issue with them and might even go so far as to say will miss them. There are far worse eyesores around Warrington than this "wall"..............
..a lot of them the responsibility of the council !
Personally I never had an issue with them and might even go so far as to say will miss them. There are far worse eyesores around Warrington than this "wall".............. ..a lot of them the responsibility of the council ! MikeJT
  • Score: -32

3:01pm Thu 22 May 14

GRUMPY PARENT says...

MikeJT wrote:
Personally I never had an issue with them and might even go so far as to say will miss them. There are far worse eyesores around Warrington than this "wall".........
.....
..a lot of them the responsibility of the council !
Totally agree with you even if you are getting thumbs down. The overflowing dog poo bin's across the town, Boarded up properties that they own/responsible for, pot holes, damaged path's, uncut grass, overgrown trees the list is endless. Seems that WBC have double standards. If I were the land owner I would stick a nice wooden fence around the land...... then paint it pink and shove an eye on it and call it art.
[quote][p][bold]MikeJT[/bold] wrote: Personally I never had an issue with them and might even go so far as to say will miss them. There are far worse eyesores around Warrington than this "wall"......... ..... ..a lot of them the responsibility of the council ![/p][/quote]Totally agree with you even if you are getting thumbs down. The overflowing dog poo bin's across the town, Boarded up properties that they own/responsible for, pot holes, damaged path's, uncut grass, overgrown trees the list is endless. Seems that WBC have double standards. If I were the land owner I would stick a nice wooden fence around the land...... then paint it pink and shove an eye on it and call it art. GRUMPY PARENT
  • Score: -17

12:41pm Fri 23 May 14

Uncoded says...

GRUMPY PARENT wrote:
MikeJT wrote:
Personally I never had an issue with them and might even go so far as to say will miss them. There are far worse eyesores around Warrington than this "wall".........

.....
..a lot of them the responsibility of the council !
Totally agree with you even if you are getting thumbs down. The overflowing dog poo bin's across the town, Boarded up properties that they own/responsible for, pot holes, damaged path's, uncut grass, overgrown trees the list is endless. Seems that WBC have double standards. If I were the land owner I would stick a nice wooden fence around the land...... then paint it pink and shove an eye on it and call it art.
Totally, agree. Surely there are bigger issues that people could focus on.
If Damian Hirst had erected the wall, you'd all be saying how good it looked.
[quote][p][bold]GRUMPY PARENT[/bold] wrote: [quote][p][bold]MikeJT[/bold] wrote: Personally I never had an issue with them and might even go so far as to say will miss them. There are far worse eyesores around Warrington than this "wall"......... ..... ..a lot of them the responsibility of the council ![/p][/quote]Totally agree with you even if you are getting thumbs down. The overflowing dog poo bin's across the town, Boarded up properties that they own/responsible for, pot holes, damaged path's, uncut grass, overgrown trees the list is endless. Seems that WBC have double standards. If I were the land owner I would stick a nice wooden fence around the land...... then paint it pink and shove an eye on it and call it art.[/p][/quote]Totally, agree. Surely there are bigger issues that people could focus on. If Damian Hirst had erected the wall, you'd all be saying how good it looked. Uncoded
  • Score: -6

1:53pm Fri 23 May 14

gerrumonside says...

Ha ha what a clown.....first rule dont defend yourself if you're an idiot..!!

Secondly allotments are not shanty towns, and just because a perfectly built and tidy (because It has to be) electrical substation is next to his land doesnt give him the green light to add an eyesore. Would he dream of using that argument against any substation in the more affluent boroughs??

Kingsway Bridge is an 80 year old bridge and actually very nice in design unfortunatley a man that carries a purse chooses to ignore that and highlights a nearby Pylon....... and I bet he wonders why he lost his appeal !!!

unfortunately I suspect this will not be the last issue with this man or his land.
Ha ha what a clown.....first rule dont defend yourself if you're an idiot..!! Secondly allotments are not shanty towns, and just because a perfectly built and tidy (because It has to be) electrical substation is next to his land doesnt give him the green light to add an eyesore. Would he dream of using that argument against any substation in the more affluent boroughs?? Kingsway Bridge is an 80 year old bridge and actually very nice in design unfortunatley a man that carries a purse chooses to ignore that and highlights a nearby Pylon....... and I bet he wonders why he lost his appeal !!! unfortunately I suspect this will not be the last issue with this man or his land. gerrumonside
  • Score: 8

10:16am Sat 24 May 14

SAC_in_Warrington says...

MikeJT wrote:
Personally I never had an issue with them and might even go so far as to say will miss them. There are far worse eyesores around Warrington than this "wall".........
.....
..a lot of them the responsibility of the council !
Absolutely correct MikeJT, I agree 100% There are other eye sores such as the derelict property in the grounds of Cairo Street Chapel, the empty houses further down near Friars Green Church, the Farm at Orford and the eyesore hoardings all around Warrington So are they going to do something with them as I guess not.
[quote][p][bold]MikeJT[/bold] wrote: Personally I never had an issue with them and might even go so far as to say will miss them. There are far worse eyesores around Warrington than this "wall"......... ..... ..a lot of them the responsibility of the council ![/p][/quote]Absolutely correct MikeJT, I agree 100% There are other eye sores such as the derelict property in the grounds of Cairo Street Chapel, the empty houses further down near Friars Green Church, the Farm at Orford and the eyesore hoardings all around Warrington So are they going to do something with them as I guess not. SAC_in_Warrington
  • Score: -1

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