Land Matters

I am now in the final stages of editing and proof reading of my next book to be published by Birlinn in October. Titled ‘The Poor had no Lawyers. Who owns Scotland (and how they got it)’, it seeks to analyse how the millions of acres of Scotland’s common lands disappeared into private ownership. It also provides detailed discussion of a whole range of topics related to land in Scotland. There are chapters on everything from the reformation to the community right to buy, from the Crown Estate to landownership and the education of the Edinburgh bourgeoise and from Gordon Brown’s failed economic policies which led to an inflated runaway housing boom to the SNP government and the death of land reform.

I will shortly be promoting a pre-publication offer for the book - details shortly. Meanwhile, if you are interested in a copy, let me know and I will make sure you are on the list.

Further news about the access situation at the Taste of Edinburgh event in Inverleith Park at Guardian blog posted at 1552 hours today.

Since then I have had a further response from the Council claiming that access rights are exempted under Section 6(d) of the Land Reform (Scotland) Act 2003. This is getting  bit desparate. Section 6(d) relates to acts such asthose covering railways and military land. I do not (and never have) denied that the Council have the power to lease the park. I merely claim that no-one has any rights to erect fences and block public access unless the land is exempt under any part of Section 6 or unless and Section 11 order has been issued (it hasn’t). Thus the fences are unlawful and shoud be removed and no-one has any lawful right to obstruct any citizen exercising their legal rights of access across the site.

Edinburgh Council has now replied to me declining to uphold my access rights. They don’t deny I have them though. I’ve written back asking them to take action under Section 14 of the legislation (the bit about removing obstructions)

Meanwhile, follow the Guardian blog for further details. I will post the whole story once the event is over as it raises important issues about the public realm and the rights of the citizen.

I have written a piece in the Guardian Edinburgh blog today about the Taste of Edinburgh food festival taking over Inverleith Park.

A huge fence has been erected around the park denying the public access. On Friday, I wrote to the Chief Executive of Edinburgh Council

as follows.

Dear Mr Aitchison,

Land Reform (Scotland) Act 2003

I am writing to you to ask that you take action in fulfilment of your duties under Section 13 of the Land Reform (Scotland) Act 2003 (the Act) to “assert, keep open and free from obstruction or encroachment any route, waterway or other means by which access rights may reasonably be exercised”

This afternoon, I observed a number of people, lorries and equipment in the south east corner of Inverleith Park. A high steel fence has been erected around most of this area of the park preventing the large number of members of the public from exercising their rights of access..

The land enclosed is land over which access rights as defined in Section 1 of the Act apply.

I am unaware of any statutory grounds for blocking public access to this land. In particular, I am unaware of any exemption under Section 11 of the Act.

As a matter of urgency, could you please use your powers under Section 13 (3) of the Act to remove these obstructions.

I reserve the right to take whatever further action I deem appropriate to uphold the public right of access to Inverleith Park.

Please confirm receipt of this email and provide an early indication of your intention to carry out the duties required of the City of Edinburgh Council under Section 13 of the Act.

yours etc.

Andy Wightman

My email has been acknowledged. The Council is consulting its lawyers and I await a reply.