Fife Council back Dalgety Bay public right of way diversion

Councillors voted 6-2 in favour of Mrs Nicola McKendrick's request to move the route which cuts through her garden at Donibristle Farm Cottage, off Carrick Grove.

The South and West Fife area committee was told that she already has planning consent to put up a "residential glamping pod" in the paddock, part of the garden ground, for an elderly family member.

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As a result she wanted to move the footpath around the perimeter of her property and a statement on her behalf disputed that it was a public right of way.

If approved the public right of way, which goes through the applicant's land, will be diverted to run next to the Dalgety Bay Squash and Tennis Club. (Image: Google Maps)

The council's access officer, Sarah Johnston, told the committee: "In Scottish law, rights of way are a bit of a dark arts, I think that's the best way to describe it.

"There's no definitive list in Scotland, the vast majority are not in title deeds.

"People new to the area might not be aware that we consider this a right of way.

"Fife Council, we look at criteria of what is a right of way, we don't concern ourselves with mapping or title deeds or even historic mapping.

"We ask 'Has this been used for 20 years, does it link two public places, is it being used without permission and is it on a more or less defined route?'

"If it meets that criteria we consider it is."

Councillor Patrick Browne had moved for refusal but the proposal was approved by a 6-2 vote. (Image: Fife Council)

The path is currently in poor condition and Mrs McKendrick has agreed to improve the surface of the new route, which would run next to the Dalgety Bay Squash and Tennis Club, and erect a new 1.2 metre high fence.

At the previous committee meeting in February a decision was postponed for a site visit.

Cllr Patrick Browne said it was a well used route, linking the church, community centre and shopping precinct, and said the extra 59 metres may not seem like much but "if you're an elderly person or have mobility issues, that's nearly 200 feet".

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On Wednesday councillors were told that, if they refused the application, there was no right of appeal for the applicant.

But if they agreed, a public consultation would follow which would still give locals a chance to have their say and object.

If they do so, Scottish ministers will have the final say.

Cllr Browne said the householder had obviously put "a lot of time, effort, money and passion into bringing back into use what was a cottage dating back to the 1850s" but he wasn't happy with the proposal and moved for refusal.

He said: "I'm concerned about the way this process has been handled, clearly something has gone wrong somewhere.

"A neighbour with a clear interest (the squash and tennis club) doesn't appear to have been notified about a planning application which has a bearing on their property. And the right of way consultation didn't include them either."

However the vote went 6-2 in favour.