By RACHEL SPENCER

FURIOUS residents in Appleton have mounted a campaign to stop the council taking back a footpath which they have claimed as their own.

The path, which runs between their gardens and a set of garages, became something of a local dumping ground shortly after the garages were built.

People were using the path, which is just a few metres wide, to dump old bikes, kitchen sinks and rubbish, so residents living in the houses on Hinton Crescent decided to clear up the eyesore themselves, fence it off and make it part of their gardens.

But, three months ago, they were incensed to discover that the council wanted to claim back the land and open it up again as a footpath, despite the fact that it has not been used for almost a quarter of a century.

Gerry Anderson, from Hinton Crescent, is one of the neighbours who has adopted the path. He said: "I am an active campaigner for public rights of way, but no-one's used this for 25 years.

"When they built the garages the hedges grew and in a very short time the path was overgrown. Then it just became a dumping ground.

"Residents decided to clear it up and extended their gardens by a couple of feet, but now they want to open it up. There's a pavement people can use which is well lit and far more preferable."

But Phil Johnson, assistant director of environmental services, says the borough council has a duty to protect the right of way. He said: "Since April 1, 1998, Warrington Borough Council has had a duty under the Highways Act to service and protect the public use of public rights of way and access to ensure that rights of way are unobstructed and kept open for use."

He said the residents have prevented access by fencing off the path, and the only way they could keep it would be to pay for the path to be diverted.

"Three months ago they were offered the opportunity to stop up the passageway and divert it so that it would have been away from their property," he explained.

"They could have paid for it but they declined. This offer is always open."

But Mr Anderson says: "We don't see why we should pay for it, we cleaned it up in the first place and there is another route they could easily use. There's no way they're going to open it up again. Anyone who came with an open mind would see this is nonsense."