A CAMPAIGN group has said they could assert their rights to access “en masse” if a council does not remove what is claimed to be "illegal" fencing blocking access to a Scottish harbour.
Parts of Burntisland Harbour were fenced off for “public safety” back in 2022, with locals suggesting it was because it jeopardised plans for a green freeport in the area.
An online petition calling for access to be returned garnered more than 3000 signatures and locals have since created the Burntisland Harbour Access Trust (BHAT) to lobby against the access restrictions.
The group has already obtained legal advice which claims that Fife Council and Forth Ports had “acted illegally in barring the public from the harbour and breakwater”.
Now, in a letter sent to Fife Council leader David Ross, BHAT chair Andy Wight-Boycott said a gate blocking off access to the breakwater had been repeatedly forced open by locals and that ambiguity around the legality of the closure was creating problems.
“We have sent copies of our solicitors’ report to both you and Forth Ports,” he said.
“Neither of you has challenged our assertion that the fences and gates at Burntisland Harbour are illegal and yet the community remains fenced out.
“This ambiguity is creating problems.
“Over the past year the breakwater gate has been forced open by the community on a monthly if not weekly basis.
“At some stage the community could assert its right of access en masse, and, if likely to be opposed, request police support.
“Looking ahead Forth Ports will need to apply for Planning Permission (regardless of Permitted Development) and Listed Building Consent for their proposed Green Freeport jetty and other infrastructure.
“These applications will be challenged by a community whose concerns have been registered but seemingly ignored.
“For the reasons above BHAT seek a statement from Fife Council regarding the legality of public access to the Burntisland Harbour.”
The letter added that BHAT had already sent a draft parliamentary motion to SNP MSP David Torrance, which calls on Forth Ports to engage with the group to reach “common ground” and urges Fife Council to “exercise their legal responsibilities […] to ensure that all legitimate public access rights over the land and upheld and respected by all.”
Speaking to The National, Torrance said he was currently considering how best to raise the issue in Holyrood.
He said: "I have been supportive of BHAT and its campaign to retain community access from the start, and I continue to communicate with their spokespeople regularly.
“I have written to Fife Council Planning Department urging them to consider their statutory responsibilities.
“I am currently considering the best way to put the issue of community access before parliament following recess.
“The strength of feeling in the community is palpable and it’s not going away.
“The people of Burntisland can rest assured that I support them and will do everything I can to ensure their voice continues to be heard."
BHAT said they would be stepping up their "Obey the Law" campaign and asked for more communication from both Forth Ports and Fife Council.
“I repeat that BHAT is not opposed to the development of Burntisland’s Harbour.
“We simply seek the legal access that communities all over Scotland enjoy in and around their harbours,” the letter concluded.
“We do, however, resent the top-down approach adopted by Forth Ports and by implication their partners – Fife Council.
“Bottom line – as ever, more communication and discussion please”.
Carol Connolly, executive director of place at Fife Council, said alternative routes had already been created.
"We are aware of the situation at Burntisland Harbour and the land in question, which is in the commercial ownership of Forth Ports.
"Forth Ports have created alternative access routes for the community and are still actively engaging with BHAT on this matter.
"We are currently working with BHAT to help them develop facilities on a piece of council owned land in the area and will continue to work with all parties to find a resolution."
When approached for comment on the letter, Forth Ports issued the same statement given to The National over a month ago.
A spokesperson for Forth Ports said: “As the owners of the Port of Burntisland, we are legally responsible for ensuring the safety of everyone at what is a working harbour.
“Prior to receiving planning permission from Fife Council and before the fence was installed in 2022, we consulted widely with community representatives and local politicians and we continue to be heavily involved in local community support and engagement.
“The fence still enables the people of Burntisland to walk through the port, but safely and avoiding areas of higher risk.”
