Approval of Greenisland right of way will provide access to residential areas and sports club

A report presented to the council’s Neighbourhoods and Communities Committee at a meeting in The Braid, Ballymena, on Tuesday evening, indicated the lane runs adjacent to Greenisland War Memorial Sports Club, known locally as part of Herdman’s Lane.

District councils are obliged to “assert, protect, keep open and free from obstruction or encroachment any public right of way” under the Access to the Countryside (Northern Ireland) Order. The council must also investigate queries relating to the Order.

Carrick Castle Alliance Councillor Lauren Gray proposed accepting the officer’s recommendation to authorise interim chief executive Valerie Watts and Mayor Alderman William McCaughey to “execute an assertion statement” to finalise the procedure.

Councillors were told it would provide a route to residential areas and a local sports club.

Cllr Gray’s proposal was seconded by Knockagh Ulster Unionist Alderman Andrew Wilson who said he has received correspondence from Greenisland Heritage and Environment Group advising of letters from the legacy Carrickfergus Borough Council that it had been “asserted as a right of way”.

“Historically, council has such a shameful track record with any sort of right of way,” Ald Wilson claimed. He asked if there has been any consultation with local people.

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“My concern would be if we are asserting, should we not be doing the whole route?” An officer said “historically the route would have run from Marshallstown Road to the foreshore”.

The report said the council was informed in December by members of the public that a route, believed to be a right of way, was being obstructed due to a development being constructed along the path.

A request was brought to councillors at a committee meeting the following month for a temporary closure order. However, it was indicated there was “no assertion statement for this site”.

The report continues: “Due to a lack of an assertion statement, the lane was not legally asserted as a public right of way.”

However, a historical file showed there was a letter from the previous landowner confirming the existence of the public right of way as well as a minute from the legacy Carrickfergus Borough Council from 1998 “authorising an officer to assert but there is no evidence of an assertion statement having been completed”.

“Despite Herdman’s Lane being recognised as a public right of way by residents, it has never been formally asserted in accordance with the recommended procedure,” the report stated.

Councillors were advised that last month, the council received consent from the current landowner to assert.

Michelle Weir, Local Democracy Reporter

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