Years of dispute over a controversial right of way near Newburgh have reignited with the erection of a fence, which a former local councillor says has partially restricted access.
The path, which forms part of Newburgh’s annual Riding of the Marches ceremony, has been at the centre of bitterly-fought court actions involving the elderly owners of the rural property Bloomfield, which lies on the border between Fife and Perth and Kinross.
Retired colonial forester Robert Nisbet and his wife Elizabeth had been at the centre of civil court actions before a sheriff, sheriff principal and the Court of Session in Edinburgh. In all cases decisions went against the Nisbets.
Last year, the couple failed in their bid to erect a fence to divert the path.
Former Fife councillor for Newburgh Andrew Arbuckle contacted The Courier to express dismay that a fence erected last week, while still allowing pedestrian access, did not permit wheelchair or equestrian access.
Mr Arbuckle said: “I’m sad to see that this dispute continues.”
John Ferrans, the chairman of Newburgh Community Council, said: “I am amazed that Fife Council, having spent so much money to fight for legal action over the years, are now allegedly letting it lie.”
Howe of Fife councillor Donald Lothian said: “This has been an ongoing and difficult issue for many years. The legal position would appear to be very clear and the community simply wish this to be adhered to.”
Howe of Fife councillor Andy Heer said: “I think it’s a great shame that this saga continues … it’s disappointing that a satisfactory resolution has still not been achieved.”
Fife Council senior access officer Alison Irvine said: “The current situation on the path near Newburgh is well known to Fife Council. The property is right on the boundary of Fife and Perth and Kinross Councils and the fence is on land which is in Perth and Kinross. The fence has been erected as a clear breach of planning regulations as it had been previously refused permission by Perth and Kinross Council.
“The fence which has been erected does not stop public use of the right of way. It is, therefore, not appropriate that Fife Council take any action at the moment about the fence until the appropriate procedures by Perth and Kinross council are concluded.”