Ramblers welcome Archerfield interdict

News release

For immediate use

Further court action appears inevitable in first major test of land reform legislation

Helen Todd, Campaign Officer with Ramblers’ Association Scotland, welcomed today’s news that sheriff officers have served interdicts on Caledonian Heritable Ltd, owners of the Archerfield Estate (1) in East Lothian (2). The interdicts were obtained by East Lothian Council to stop the unauthorised construction of a fence and to prevent damage to important amenity woodland. One of the interdicts was served under section 13 of the Land Reform (Scotland) Act 2003. This requires local authorities to prevent the obstruction of access rights.

The news of this action against Caledonian Heritable Ltd comes the day before the company is due in the Haddington Sheriff Court (3) to appeal against an earlier decision by East Lothian Council to order the removal of signs and a barbed wire fence and to replace a bridge.

Helen Todd said:

“Archerfield has now become the major test case in Scotland of our new land reform legislation (4). East Lothian Council deserves full support for their determined efforts to secure the public interest in the face of a developer who appears to regard the access rights of local people and visitors with contempt. We need the Sheriff Court to make clear to this developer, once and for all, that statutory access rights apply to all the woodland, grassland and golf course areas within Archerfield. Only the clubhouse grounds, houses and gardens lie outwith the new rights.”

Note to Editors:

1. CHL are developers of the 500 acre Archerfield estate by Dirleton, East Lothian, where 2 new golf courses are being built (1 is already in use) and luxury housing (approximately 100 houses) is under construction.
2. On Friday 17th March, 2006, sheriff officers served an interdict to CHL on behalf of East Lothian Council under Section 13 of the Land Reform Act for attempting to obstruct access (though fence construction), and Section 146 of the Town and Country Planning Act for willful damage to trees covered by a Tree Preservation Order.
3. East Lothian Council served a notice under Section 14(2) of the Land Reform Act in September 2005, ordering CHL to remove signs and a barbed wire fence, and to replace a bridge. CHL appealed that notice and this is the case which is being heard at Haddington on 23rd March.
4. Part I of the Land Reform (Scotland) Act 2003 establishes a statutory right of access to most land and water in Scotland, as long as this right is exercised responsibly. Under this legislation, local authorities have a duty and powers to uphold access rights. The Scottish Outdoor Access Code, approved by the Scottish Parliament, gives details on responsible access, and this includes a right of passage over golf courses.

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