The Archerfield golf course development outside Dirleton in East Lothian was the scene of the first test cast of the access legislation. Although the case was eventually settled out of court, East Lothian Council was successful in getting the developer to comply with the legal notice they had served almost a year earlier.
This 500-acre estate includes two golf courses and 100 plots for luxury housing. Unfortunately, the anti-access developer effectively banned any member of the public from the site by removing a bridge over a burn, putting a barbed wire fence along one side of the estate where there is a strip of woodland, and erecting intimidatory signs warning of prosecution if people enter the "construction site", where golfers could be seen playing a round. It seemed that his aim was to create an exclusive gated community in East Lothian.
One serious issue concerned the strip of woodland within the estate which stretches south east from the Yellowcraig car park and forms the council’s preferred route for the John Muir Way in this area. This woodland, known as the Common Strip, was fenced off by barbed wire and difficult to reach from Dirleton due to the bridge being removed. More worryingly, the woodland was threatened with becoming subsumed into the gardens of housing which is being built alongside the strip of trees (see photo above, taken Dec 2006).
A 6-foot high security fence has also been erected around much of the estate. Although we are unhappy with this fence, it did in fact receive planning permission from the council in order to protect the beach from new residents of the estate. It was felt they may cause increased erosion and disturbance to wildlife by forming numerous paths on to the beach. Unfortunately, the fence has the effect of forcing all walkers on to the beach, which at times is nothing more than rocks and at certain high tides the beach disappears entirely. It is also damaging for the shoreline wildlife within the Firth of Forth Site of Special Scientific Interest. This clearly demonstrates the need for protection of the coastal zone within the planning system, for recreation and conservation interests and also in view of possible coastal erosion due to rising sea levels.
Ramblers Scotland worked with Dirleton residents to urge East Lothian council to take action to uphold access rights. After a legal notice was served in September 2005 under Section 14 of the Land Reform Act, the developer lodged an appeal, and the preliminary hearing of the case was held at Haddington Sheriff’s court on 28th November.
A further hearing on 23-24th March 2006 took the form of a legal debate to argue the relevancy, competency and specification of the notice. The Sheriff was unable to come to a ruling based on these arguments, so a further hearing to listen to the evidence of witnesses was called, and was due to run from 14-25th August.
In the meantime, there were changes on the estate: some of the signs were removed from the perimeter and more compliant signs put up instead; two pieces of wood were placed to form a rudimentary bridge over the burn and the barbed wire fence was removed. However, another fence running along the outside of the Common Strip was being erected, until an interdict served by the Sheriff on behalf of East Lothian Council on 17th March stopped it. This is an area on which access rights apply and therefore it should not be enclosed. In addition, the woodland is protected by a Tree Preservation Order and the construction of fence posts can damage the roots of trees.
See our March 2006 press release
On 7th August 2006, a week before the case came to court, the council announced that negotiations between them and the developers had led to a settlement being reached between the parties. The barbed wire fence had been removed, notices changed, and the bridge over the burn was to be rebuilt. A number of other points were also agreed, including the construction of paths on the estate, including one down the Common Strip.
We are pleased that this case has been resolved, but at the same time will continue to monitor the situation at Archerfield to ensure that the developer enables access rights to be exercised over all land on which they apply, and that no further obstructions are put in place.
What you can do
Ramblers members are encouraged to visit the area individually and walk within the estate following guidelines in the Scottish Outdoor Access Code for crossing golf courses – see below for full details of responsible behaviour on golf courses.
For further information, call Helen Todd at the Ramblers Scotland office or email scotland@ramblers.org.uk.
Scottish Outdoor Access Code, page 96 - Golf courses
Responsible behaviour by the public
You can only exercise access rights to cross over a golf course and in doing so, you must keep off golf greens at all times and not interfere with any golf games or damage the playing surface. Golf courses are intensively used and managed, and there can be hazards such as where golfers are playing “blind” shots. In exercising access rights:
- allow players to play their shot before crossing a fairway;
- be still when close to a player about to play;
- follow paths where they exist; and
- keep your dog on a short lead.
To avoid damaging the playing surface, cyclists and horse riders need to keep to paths at all times and not go on to any other part of a golf course. When fertilisers and pesticides have been used, the duration of any hazard depends on the material used but should not normally extend more than a few days. Golf course managers can ask you to avoid using particular routes at these times. Following such advice can greatly help to minimise risks to safety.
Responsible behaviour by land managers
Wherever possible, provide paths around or across the course and/or advise people on the safest ways through the course. This will help to minimise safety risks.
In winter many people enjoy activities like sledging and cross-country skiing on golf courses. This can be important to local communities. These activities rarely cause any problems if done responsibly – by keeping off greens, tees and bunkers – and when there is sufficient snow cover. Golf course managers are encouraged to accept such access when it is carried out responsibly.
