Midlothian Council is to be congratulated after they won an action to uphold the public right of responsible access along Cairnbank Road into Penicuik Estate, Penicuik.
The owners, Stewart and Gemma Manson of Cairnbank Road, blocked the route with an impregnable barrier, inappropriate signs and refused to take them down. The Council issued a notice under Section 14 of the Land Reform (Scotland) Act 2003 to have the blockages removed, but the owners appealed the notice and the case was heard at Edinburgh Sheriff Court.
Evidence heard by the court showed that the blocked path had been used by the public for many years and after due consideration of all the evidence presented, the Sheriff ruled in favour of Midlothian Council.
You can read the full judgment on the Scottish Courts website. Malcolm Combe, author of our new Guide to the Law of Access to Land in Scotland, has also blogged about the case.
At the time of writing, the path has not been re-opened and the Mansons may appeal the decision. We will keep you up to date with developments.