Councillor threatened with suspension in row over right of way closure
A bid to shut off a Fife right of way has been rejected after a lengthy debate in which one councillor was threatened with suspension from the meeting.
Members of Fife Council’s North East Fife Area Committee took over an hour to consider a recommendation to divert a 140 metre-long route in Freuchie.
The path goes between Dykeside and the High Street, crossing over the Freuchie Burn by a bridge. It was proposed that this be shut off and a diversion go along the road on King Street before turning West onto the High Street (B936).
A report to councillors explained that the landowners of one of the properties on the right of way had requested the diversion after being affected by flooding.
A report to councillors said: “The floodgate has been closed since 2024 after it was agreed with the adjacent proprietor that, during inclement weather, the route could be closed temporarily to accommodate sandbags situated around the floodgate to further mitigate against potential flooding.
“Since this time however, the floodgate has been padlocked which has effectively closed the route to the public.
“The council promoted a civil interdict court action against the landowner to cease the padlocking after negotiations failed to secure the route’s reopening.”
That court action was then paused by a sheriff until a formal request to divert the route was decided.
Howe of Fife and Tay Coast councillor David MacDiarmid was furious at the prospect it could be closed off.
“One of my constituents is blind and has a blind dog - do you want to be taking her along a busy main road behind the hotel down to the main road where the buses and lorries come,” he said.
“I am astounded you think that is going to be safer for someone who is blind.
“Am I right in thinking that officers’ recommendation to extinguish a right of way is support of an illegal act of padlocking and closing off a right of way is potentially opening the floodgates for rights of way closures across the whole of Fife with Fife Council legally not having a leg to stand on,” he asked.
“A precedent I feel will be made. It is my view that this is nothing to do with flooding. As I said at the last meeting - and have been saying since 2008 - this is to do with someone wanting to close off a right of way.”
Cllr MacDiarmid had to be stopped after interrupting convener, Councillor Jonny Tepp, and a suggestion was made he should be suspended from the meeting. This did not happen as no seconder could be found.
Dr Catherine Wilson, senior access officer, said: “We do recognise it is a historical right of way and valued by the community, and this diversion doesn’t necessarily create a new path.
“We have considered all these facts and, on balance, believe the flood risk for the properties does warrant a diversion of the right of way.”
Cllr Tepp moved that the committee accept the recommendation and instruct the diversion.
He was supported by Cllr Donald Lothian who said: “This issue within the very small community of Freuchie has been very divisive and difficult. The background is very difficult and unfortunate and none of us really want it.”
Cllr Jane Ann Liston moved that they reject the proposal as she feared it would set a precedent.
“It would seem to give the green light to people who find a right of way near their property inconvenient to close it,” she said.
The committee voted by a vote of seven to four to refuse the application.