Burntisland Docks: why Fife Council is staying neutral in row over access fight

.And while it will continue to help facilitate discussions to find a solution, it will maintain a neutral position - a stance that has dismayed local campaigners.

Burntisland Harbour Access Trust (BHAT) has been fighting to get fences taken down to restore public access which was taken away when Forth Ports secured the site back in 2022.

Members of Fife Council’s Cabinet Committee were given an update on the situation on Thursday and agreed that efforts should continue to find a way forward, but failed to make any recommendations for public access.

A report confirmed no enforcement action against Forth Ports would take place regarding access rights at the East docks, and officers would continue to engage with interested parties and ensure any existing access rights are respected.

It stated: “Officers do not consider any enforcement action would be appropriate at this time in relation to the Burntisland Dock area given that Forth Ports are a statutory undertaker and, as such, have acted lawfully in enclosing the active harbour area from unauthorised and/or public access.

“This being the case, there is no recommendation proposing options for access at East Docks and any/or associated enforcement action.

“Rather, the recommendation is that officers continue to monitor the situation, assist the community and land interests where appropriate in their discussions regarding this issue, and consider any new information that may come to light – as would happen with such matters elsewhere in Fife.”

Ahead of the meeting, the BHAT sent a letter to all committee members expressing concern at the situation. It disputed Forth Ports’ right to block public access.

It said: “Our opinion is that the paper does not adequately describe the law in regard to rights of access and takes a very narrow interpretation in regard to the discretion afforded to Forth Ports as Statutory Undertaker. It is not the case, for example, that the status of a Statutory Undertaker allows for discretion to block public access permanently or in the absence of works that are conducted in furtherance of the statutory undertaking.

“Furthermore, the status of land in regard to the Land Reform Act 2003 would have no impact on a common law right of access secured by prescription.

“We would be most concerned if councillors were to make decisions in regard to this very important local issue on the basis of the paper presented without seeking further legal clarification.”

The group held a rally at the harbour last month to demonstrate their opposition to the fence and what they describe as “their frustration at Fife Council for not taking the issue of public access seriously.”

The letter added: “It is crucially important that citizens have confidence in local democracy. At the moment they do not.”

Councillor Kathleen Leslie (Burntisland, Kinghorn & Kirkcaldy West, Conservative) called for attempts to bring the two groups to try to reach “some sort of satisfactory” outcome.

“I fully appreciate the concerns that people do have, and the upset there has been because that area was available to walk around and it was accessible until that decision in 2021 and they closed it in 2022,” she said.

“I would like to see Forth Ports and Burntisland Harbour Action Trust come forward and try to speak on this to try and reach some sort of satisfactory conclusion all round.”

Councillor John Beare (Glenrothes North, Leslie and Markinch, SNP) also urged the council to help where it could.

“I appreciate the fact that the council has a statutory role but can we ask it to be an honest broker where it can,” he said.

Lindsay Thomson, head of legal and democratic services, said it would carry out its role in a neutral capacity.

“What is important from the council perspective is we bring parties together where we can but we keep a neutral position,” she said.