A Fife MP has branded Network Rail’s reasons for closing a popular level crossing as “mince”.
Peter Grant, the SNP MP for Glenrothes and Central Fife, said it is not true Doubledykes crossing could not legally be considered a right of way.
And he claimed the rail provider had failed to communicate properly with the community over its controversial closure decision.
Mr Grant was speaking during a Westminster Hall debate as part of the growing campaign to keep Doubledykes open.
Network Rail plans to close it for safety reasons once trains begin using the new Levenmouth rail link.
The MP said the company’s assertion that only a minority of people care about the issue is “deeply offensive”.
In Scots Law, a right of way is established through history of use. Even on private land, it can be used by the public if it meets the following criteria.
- Join two public places
- Follow a more or less defined route
- Have been used by the general public, as a matter of right
- Have been used without substantial interruption for at least 20 years
More than 1,300 people have signed a petition to keep the ancient route open.
And protesters had challenged Fife’s politicians to back their campaign.
Mr Grant raised the issue with parliamentary under secretary of state for roads and transport Richard Holden last week.
Doubledykes level crossing users ‘don’t need anybody’s permission
Doubledykes crossing forms part of an ancient network of paths between Thornton and East Wemyss.
It is used by walkers and cyclists and protesters fear closing it will sever communities.
But the rail company said it had not been an established right of way for 40 years.
Mr Grant said: “My constituents asked Network Rail how they thought they could justify closing off a right of way without applying to have it legally extinguished.
“Their initial reply was the crossing couldn’t legally be considered a right of way.
“In their words, it’s private in status with no authorised users.
“That’s mince. The whole point of a public right of way is it does cross private land and users are not authorised.
“They don’t need anybody’s permission. The public use a public right of way as a matter of right.”
‘Encouraging’ response from minister
Mr Holden said: “I appreciate the closing of any level crossing is inconvenient and upsetting for the community.
“I do understand the concerns of constituents on this matter.”
He pledged to speak to the rail minister and he will hold further meetings with Mr Grant on the issue.
Mr Grant said the minister’s response was encouraging.
“I remain convinced there is a solution to this issue and if we all work together we will find that solution quickly,” he said.
Network Rail said the closure decision was for “very well established and widely accepted safety reasons”.
They said none of the organisations involved in the rail link project deemed it appropriate to include a bridge crossing,
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