Burntisland Harbour:  MSPs’ bid to change new law could unlock access row

The historic access was blocked three years ago when Forth Ports put up fences to secure the site, sparking a strong backlash locally.

Burntisland Harbour Access Trust (BHAT) has led the campaign to get the access restored.

Now, David Torrance MSP for Kirkcaldy - who described the harbour as “a cherished space that for generations has been central to the town’s life, identity, and character” - has tabled an amendment to the Land Reform (Scotland) Bill which is currently under consideration by the Scottish Parliament. His move would see it direct the Scottish Government to determine access rights at Burntisland Harbour.

On the contentious issue of the fences, Mr Torrance said: “This really should never have happened. There’s absolutely no reason why the harbour can’t be a busy, vibrant port with rights of access respected by all.”

The proposal sits alongside an amendment from Mark Ruskell MSP, which would ensure that communities across Scotland are not similarly denied access where rights of way have historically existed.

“The exclusion of the community by Forth Ports has gone on for far too long – it’s time for action,” said the Green MSP for Mid-Scotland & Fife. “I’ve been very pleased to work with Burntisland Harbour Access Trust on amendments to the Land Reform Bill that could help re-establish a right of access for everyone.

“This could have been avoided if Forth Ports had come to the table with the community and agreed a proposal that struck the right balance between public access and safety. Across Scotland we are seeing access rights nibbled away at – it’s time for legal reforms that re-balance power into communities’ hands.”

The bid to restore public access has seen several marches through the town as well as a sustained campaign from BHAT.

Sandra Maguire, spokesperson, said: “For generations, Burntisland Harbour has been at the heart of our town’s life. We’ve followed every legal and democratic route available, and these amendments now offer a clear path to justice. All we are asking is for the law to be respected - for our right of access to be recognised and enforced.”

It argued it has local support on its side - over 3000 residents have signed a petition against the fence, and more than £9,000 has been raised to fund legal advice and specialist reports.

“Generations of Burntislanders have enjoyed our beautiful harbour,” said local mother Rosie Hobbett. “I was always down here as a child. Now my children can’t even visit Sammy, our harbour seal. The top lawyers tell us this is a right of way, but unless Mr Torrance’s amendment is passed, I’m really worried that my daughters and their pals won’t be able to visit the harbour again. Something very special has been taken away from us here, and it’s totally unnecessary.”

Local resident Adam Baker added: “Our children deserve better than this. What’s the justification for closing off the harbour when it’s at its lowest ebb ever?”

In 2023, the Scottish Government formally accepted the registration of a Community Interest in the Land, after one in five local electors signed in support. Two public marches at the harbour have each attracted over 400 people, and the Burntisland Community Development Plan identified harbour access as the town’s number one environmental issue.

But, in September, Fife Council - which approved the fences going up - said it would take a neutral stance on the issue, stating that Forth Ports had acted lawfully in closing the area off and denying historic access to the public.

Officers said they would continue to “engage with interested parties and ensure any existing access rights are respected” but did not consider any enforcement action necessary.

Forth Ports has always said the fence was installed around areas that were deemed high risk and ensures public safety within a working port, but that it still allowed people to safely walk through the port, avoiding these high risk areas.