Land Matters

Latest news on access situation in Inverleith Park

The Park Rules for Glasgow and Dundee make it explicit that any event charging money needs a Section 11 order.

The Edinburgh Access Forum noted in 2006 that the existing park rules conflicted with access legislation on 10 points.

Four years later, nothing has been done to remedy the situation and the council is still relying on 1982 legislation which, in their latest email to me they claim provides them with the same level of authority to block public acess as is provided for by the Military Lands Acts and the Railway Acts. This is patent nonsense.

What I found interesting was that the police confirmed that they would arrest me for breach of the peace if I attempted to enter the area of the park that Taste organisers have cordoned off. However, when I asked them if they would arrest the Taste of Edinburgh security guards if they attempted to block me in exercising my legal rights, they declined, saying that the organisers had reasonable grounds for enforcing a no payment, no entry policy.

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.

I have a stall at this year’s Treefest in Inverleith park, Edinburgh on 18 & 19th July. I’m stall number 10 in the market place - Community land Rights - Andy Wightman. Come along and see me!