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Chamber and committees

Burntisland Harbour East Dock Access

  • Submitted by: David Torrance, Kirkcaldy, Scottish National Party.
  • Date lodged: Monday, 23 June 2025
  • Motion reference: S6M-18061

That the Parliament understands that the Scottish Government expects all landowners to abide by the Land Rights and Responsibilities Statement issued by the Scottish Ministers in 2016 and updated in 2022; considers that rights of access to land are valued by local communities, and that access rights are provided for in the Land Reform (Scotland) Act 2003 and also by prescriptive rights in certain circumstances; recognises that the Harbours Act 1964 requires harbour authorities, when undertaking their statutory duties, to have regard to the desirability of preserving for the public any freedom of access to places of natural beauty and for visiting or inspecting any building, site or object of archaeological, architectural or historic interest; considers that many harbours throughout Scotland operate effectively, whilst respecting public rights of access; further considers that Burntisland Harbour, including all of its East Dock, is a B-listed structure of national architectural and historic interest, and that local authorities have a statutory duty, under the Land Reform (Scotland) Act 2003, to assert, protect and keep open and free from obstruction any route by which access rights may reasonably be exercised; understands that generations of Burntislanders and visitors to the town have enjoyed unfettered access, without challenge or significant limitation, to the larger part of the East Dock at Burntisland, including access to almost all waterfront areas, until February 2022, when Forth Ports erected fencing preventing, for the first time, all public access to all harbourside areas of Burntisland’s East Dock; believes that the erection of the fence has caused widespread concern, dissatisfaction and alarm within Burntisland and beyond, leading to the establishment of a campaign, led by Burntisland Harbour Access Trust (BHAT), to have rights of community access respected by all at Burntisland Harbour; notes the reported receipt of a legal opinion by BHAT from BTO solicitors with regard to public rights of access, which has been responded to by Fife Council solicitors, who, it understands, have confirmed that the opinion is "accurate in regards to the law"; applauds the efforts of direct fundraising within the community of Burntisland, which has reportedly raised in excess of £9,000 towards legal costs associated with the campaign; understands that Fife Council solicitors have not reached a conclusion as to whether rights of access apply at the East Dock, and that no statutory enforcement action has been taken by Fife Council during this time to enforce community rights of access at the East Dock, and that all waterfront areas at the East Dock remain fenced off, and calls on Fife Council to consider rights of access at Burntisland Harbour East Dock as a matter of priority, to seek and examine all evidence required for it to reach a conclusion as to whether public rights of access exist at Burntisland Harbour East Dock, and to take appropriate action to ensure compliance by all in regard to public rights of access at Burntisland East Dock.


Supported by: Colin Beattie, Annabelle Ewing, Kenneth Gibson, Bill Kidd, Fulton MacGregor, Alex Rowley, Paul Sweeney