SIX YEARS of arguments over the use of common good land in Dunfermline will be taken to court next week.

The long running dispute concerns Fife Council's intention to allow the Alhambra Theatre Trust to lease or buy a small plot on the corner of New Row and Park Avenue.

The trust want to use it as part of their ambitious plans for the Ironmongers Studio, a performing arts centre, but as it's common good land the final decision will be made in Dunfermline Sheriff Court.

Central Dunfermline Community Council has objected and in a statement it told the Press: "The community council is petitioning the court to reject Fife Council's application to dispose of common good assets.

"The land was gifted for the wellbeing and benefit of, and is owned, by the people of Dunfermline. "

Fife Council confirmed last week that they have raised a petition, which will call at court on Wednesday May 3, seeking "authority to dispose of an asset forming part of the common good land at New Row, Dunfermline".

The theatre trust had applied to lease the land, at £1,000 a year for 25 years, but the council's public notice mentions the land being sold.

The community council said it had been fighting against the proposal since 2017 and the dispute has held up the plans for the performing arts centre.

Dunfermline Press: An impression of what the new Ironmongers Studio in Dunfermline will look like. An impression of what the new Ironmongers Studio in Dunfermline will look like. (Image: Contributed)

Fife Council granted planning permission for the Ironmongers Studio in August 2020 and the proposals include a 200-seat theatre, cinema, café and bar area, as well as a home for the Alhambra Stage School.

To improve access to the development, the trust wanted to use the adjacent 15-square-metre area of common good land.

While there is popular support for a new performing arts centre, the proposed use of this plot has proved controversial.

Although just 376 square metres in size, it was gifted to the ‘City and Royal Burgh of Dunfermline’ in 1962, by the Carnegie Dunfermline & Hero Fund trustees, with a prohibition on development in order that it be maintained as open space.

Currently it consists of a formal garden with flower beds, shrubs and benches.

A spokesperson for the Alhambra Theatre Trust said: "Whilst we fully understand and respect an individual's right to object, we feel it important to clear up a misunderstanding.

"The Alhambra Theatre Trust have not asked for a disposal of the land.

"The trust have asked for permission to extend a path along the edge of the common good ground to access our own property and create another access at the proposed Ironmongers Studio.

"The Alhambra Theatre Trust, from the very outset of these negotiations, have agreed to pay an annual fee to Fife Council for this access.”

Councillors were split over the issue when it first came before the City of Dunfermline area committee, back in 2018, and they eventually backed the proposal in 2020.

There were a number of objections and in August of that year the council's final say went to the assets and corporate services sub-committee, who gave their approval.

A report said the proposal would have “minimal impact on the use or visual amenity of the area” and the public could continue to enjoy the garden and sit on the benches.

The then council co-leader, Cllr David Alexander, said at the time: “Normally, I would go with the principle but I think what trumps it for this site is the result because what gems, what talent they’re going to get out of this stage school.

“That’s the exciting thing for me so I’m quite happy for this to go through.”

It's taken the best part of three years to come to court and a sheriff will now make the final decision.