The third day of the Public Inquiry, 29th March, was a short one, consisting of evidence from the Byron Court Management Company's sixth witness (a Byron Court resident). Another six Byron Court witnesses had submitted written evidence, but failed to appear to answer questions at the Inquiry. A site visit also took place, at which the Inspector visited the wall and was able to see for himself where the path had previously run.

The Inquiry was then adjourned until 10 a.m. on Friday 13th April. The reason for the adjournment was the lack of a crucial document - the 'Head Lease' of Byron Court. The objectors' case rests largely on the fact that the Matron of Acrefield Bank (the Council-run care home on the site of Byron Court) stated in 1979 that "there is no public footpath through Acrefield Bank grounds", and that residents of Byron Court have, since 2001, told passers-by that they are not allowed to use the path as a through route. In our view, the Matron had no authority to say what she did, as her employers Liverpool City Council were quite happy for the path to be treated as a Public Right of Way. Furthermore, the residents of Byron Court may not be the owners of the land across which the path runs - in which case they would have had no legal power to stop other people using it. The owner of the freehold is Hayne Securities Ltd, of Somerset, who did not object to the Order and have shown very little interest in preventing the path becoming established as a Right of Way.

The Head Lease is the crucial document which, if found, will confirm the Byron Court residents as joint 'owners' of the land. The intention was that, when all the flats in the block had been sold, this lease would be transferred from Wimpey Homes to the Byron Court Management Company, who would thus become owners of the common parts including the grounds of the building. However, as yet only draft versions of the Head Lease have been produced, rather than the 'signed, sealed and stamped' document that is necessary to prove legal title to the land. It remains to be seen whether this will be found before the end of the Inquiry.

Continued . . .