In mid-February, ScotWays was informed by a member of the public about a proposal to install security shutters across the interior of a shopping arcade in Ayr town centre, which would be locked at night. In its planning application to South Ayrshire Council, the Lorne Arcade’s owner sought to justify its night-time closure (from 20:00 to 06:30 on weekdays and 20:00-07:00 at weekends), on the basis it would resolve anti-social behaviour and vandalism problems allegedly experienced within the 9-unit Arcade, thereby increasing security and making vacant units (2 currently) more attractive to potential tenants.

Although ScotWays had no record of a public right of way through the Arcade, it was aware, from staff’s local knowledge, that the route met the criteria for a public right of way. It had been well used by the public as a key pedestrian link from the west side of town into Ayr High Street, the principal shopping street, for at least 60 years, appearing on OS maps dating as far back as 1937. ScotWays objected to the application on the grounds there is a right of way through the Arcade, use of which should not be obstructed or restricted. Prior to the Council determining the application, a staff member explained ScotWays’ position in an interview on local TV (That’s TV).

The Council subsequently refused the application, on planning policy grounds relating to the Arcade’s night-time closure having a detrimental impact on public access, active travel inter-connectivity and permeability between streets and facilities in the Town Centre, as well as the night time economy of the area. However, the Arcade’s owner appealed the decision to the Scottish Government.

ScotWays set out its stance on the application in a written representation to the Reporter appointed to determine the Appeal, emphasising that rights of way and access rights are separate legal entities operating in parallel, both of which are material planning considerations. In late July, ScotWays was notified the Reporter had dismissed the Appeal as contrary to National Planning Framework 4 and South Ayrshire Local Development Plan policies, because of the adverse impact the Arcade’s night-time closure would have on pedestrian connectivity.

The fact the Council and the Government’s Reporter heeded our representations on the proposal helps strengthen ScotWays’ reputation as the “go to” body for public access in Scotland.