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A 'Stopping Up' proposal submitted for Kirklake Rd, of which you have till 24th August to object

The Department For Transport has given notice of a proposal to make an Order under section 247 of the Town and Country Planning Act 1990 to authorise the Stopping Up of an area of highway verge to the north of Kirklake Road in Formby. The order would stop members of the public from going onto the land or using the land in any way. This is because a resident wants to use it for their own back garden, also erecting a fence.

There has been a public outcry about the whole situation, of which the Formby Parish Council were not informed of at any time and strongly oppose to the 'Land Grab'.

Cllr David Irving (Councillor for Harington Ward and also Councillor at Formby Parish Council) said: "The day after 'Storm Arwen' in November 2021, most of the trees were blown over in Kirklake Road. Sefton Council incurred the cost of removing all the trees on this road, approximately 60 trees, especially the trees alongside 53 Edenhurst Drive."

"Two weeks after the storm, a resident on Edenhurst Drive, Formby made enquiries to see who owned the land next to her home where the trees had fell. It belonged to Taylor Wimpey who originally built the houses in the area and this piece of land was part of the adopted highway when the houses were built. The trees on this stretch of road were left by the developer as a visual amenity to people living in the area or visitors. After the storm, the resident then approached Taylor Wimpey to buy the land."

"In March 2022, the resident submitted a Planning Application into Sefton Council with some untruths in the application form in order to get planning permission for 'change of use' from amenity space to a private garden. Two Ward Councillors for this area, Cllr Dave Irving and Cllr Joe Riley were not consulted in any way over this issue, nor was Formby Parish Council informed either. Then on the 24th May 2022 an Approval Notice was issued by Sefton Council for this application. At the end of July 2022, a 'Stopping Up' Order was submitted by the same resident and this is the first time that all Ward Councillors and Parish Councillors became aware of the situation."

"Back in November 2021 the Ward Councillors had agreed to replant trees in the area and were told it would not happen till October/November 2022 which is the time for tree planting. We were concerned about vehicles parking illegally on the land where the trees had been so, we paid, at a considerable cost, for posts and bushes to be erected right around the perimeter of the affected areas in Kirklake Road a short time later."

The Formby Parish Council has formally opposed to the Stopping Up Order as follows:

Above is a photo of the land before Storm Arwen.

Below is how it is now until the Parish Council replant in October/November

This photo shows the area of land (in crisscross) that is to become part of plot 53's rear garden

This public notice has been erected locally on some trees but has NOT been published locally,

only published in the Maghull Champion.

This order would allow the resident to use the land and erect a fence as a part of her back garden. The Order stops members of the public being allowed to access the land. This would mean that the residents would lose this previously beautiful piece of land which should definitely be put back to woodlands as the Parish Council originally planned after the storm.

Formby Bubble spoke to the resident who has applied for the Stopping Order, she said: "This land is owned by a developer. I am doing what any home owner would do, buy it to avoid future development ie: a house. I went through all the correct channels and it was published and with compromise to retain the openness with a shorter fence and landscape replant. The planning was approved back in May. This is a Stopping Up Order to take it from being a highway to being amenity land. It's privately owned highways in a less than favourable condition and I am doing absolutely nothing wrong."

"The immediate neighbours are in full support. It will look stunning. The people opposing have been filming my house and posting my address, the police are involved. We are doing something nice at our own expense that people support. They are deliberately misleading people and telling everyone we are unlawfully stealing the land. Land that's a corner that nobody uses, well they do urinate on the fence on the way home from the beach and let dogs foul on it. I promise it will look gorgeous too with a cute little fence for the majority of it."

"I have been out speaking to people 'up in arms' about it, when I have explained, they wish us luck and say we have their full support. They are doing more harm than good, giving developers ideas. They will likely end up with housing down Kirklake Road now. Mine is a no build covenant, I have pledged not even to put a shed on it. It's going to be trees, whether I plant them or the council plant them, they won't see them in their lifetime, that's fifty years of growth. I don't know what they are hoping to gain. People know we are a nice family and are supportive."

In November last year, 2021, Storm Arwen left a path of destruction in Formby as it destroyed almost sixty trees on Kirklake Road. The beautiful tall pine trees gave character to the road as you approached the pinewoods, just 20 meters away. The Formby Parish Council planned to restore the piece of land back to woodland but could not replant until October this year.

A local resident who has already put her complaint in said: "I highly object to this application made for the Stopping Up Order as there is no justification for stopping up. As if it wasn’t heartbreaking enough to lose so many of our beautiful majestic trees during storm Arwen over the winter of 2021. I have recently been informed of the land grab of part of our woods/open space to expand the applicants private garden just opposite and down the road from my home of 59 years."

"Certificate B was served to the Council as early as the 8th December 2021 only a week or two after the storm. The planning application was submitted only 4 months after the storm without even enquiring with the Parish Council to discuss their plans of replanting and reinstating. The land was not VACANT as stated on the planning application and never has been. I am suggesting that this is for greed and to add value to the applicants property and for their own enjoyment and NOT FOR PUBLIC INTEREST."

"We were not given the opportunity to object as the council failed to inform us and the Parish Council, through the correct legal channels. (Formal complaint being submitted)."

"You will see from the maps that the entrance to the National Trust Formby Woods is opposite the applicant. In addition to this people travel from all over the UK to visit our woodland, just 20 metres away and beach to see the famous and unique presence and becoming rare, our Red Squirrels which are a great asset to Formby and rare flora and fauna. By replanting the pines would re-establish the corridor up Kirklake Road for the Red Squirrels to roam as they always have and this is paramount for their feeding and existence in this area of Scientific Interest which was failed to be mentioned or answered correctly on the application. Regular surveys are done up and down Kirklake Road to establish the Red Squirrels presence in numbers as it is so important to monitor. The trees need replanting to preserve the wooded corridor for the squirrels and wildlife."

"Should this stopping order be passed, it will disadvantage myself, family, friends, neighbours, visitors to the area, regular dog walkers, the dogs that need natural ground, children walking to school, sightseers, wildlife, including the Rare Red Squirrels, (not even mentioned in the planning application) Hedgehogs etc, as we will never be able to use it again, in fact the whole general public, forever. This will be detrimental to the wildlife especially."

"This strip of land along Kirklake Road is planned to be replanted by the Formby Parish Council this Autumn/Winter since the devastating weather last 26/27th November 2021 by storm Arwen, for us ALL to enjoy again the beauty and peace restored. The Parish Council are shocked to be informed about the application of a Stopping Up Application, as they were never made aware of the planning application and they are on the planning committee. Although it will take many years to recover to its former glory, at least we can continue to use the land and enjoy watching the progress. It also enables myself and others to rest there on the way home from the beach. There are plans to place a park bench there too so we don’t have to sit on the grass and the elderly alike can sit and watch the world go by, far enough away from the busy road. This area has clearly regarded as a very public place. The applicant has NO PLANS to replant the Ancient Woodland by making it her own private garden. By not replanting woods significantly impacts on the surrounding street scene that has been established over many years and destroys the corridor up Kirklake Road."

"Should this land be fenced up, it will greatly reduce the visibility approaching the junction from all angles as it is currently open plan style with fabulous visibility. It would endanger the children walking to school and cycling and all other pedestrians, as well a vehicles. By declining this application, this will keep us safer and less disadvantaged. This application would also reduce the look of the area by not allowing us to replant our wooded area as seen below on the photograph. The applicant doesn’t mention anything about replanting the trees. I strongly object to the passing of this order."

Another local resident explained: “the Formby Parish Council were planning to return our land on Kirklake Road back to the beautiful woodlands that were there previously but a greedy neighbour has put in planning permission to claim our land to make her garden bigger.”

“Please help us to save our land and keep this an open space for everyone to enjoy or it will be lost forever. Please object now by stating your reasons of how you would be deprived should this highways stopping up order be passed.”


Any person may object to the making of the proposed order by stating their reasons in writing to the Secretary of State at email address:

or in writing to:

National Transport Casework Team,

Tyneside House, Skinnerburn Road, Newcastle upon Tyne NE4 7AR, quoting the above


Objections should be received by midnight on 24 August 2022.

Any person submitting any correspondence is advised that your personal data and correspondence will be passed to the applicant/agent to be considered. If you do not wish your personal data to be forwarded, please state your reasons when submitting your correspondence.

Planning application for Edenhurst Drive - Kirklake Road
Download PDF • 280KB



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