The following information is By Clare BuchananLocal Democracy Reporter - Clackmannanshire and Fife on Central Fife Times Newsletter and website 18-06-2026
A BID to shut off a Fife right of way has been rejected after a lengthy debate where one councillor was threatened with suspension from the meeting.
Members of the North East Fife Area Committee took over an hour to consider a recommendation to divert a 140 metre-long route in Freuchie.
The row almost saw one councillor thrown out after he interrupted another elected member during a heated moment.
The path in question goes between Dykeside and the High Street, crossing over the Freuchie Burn by a bridge.
It was proposed that this be shut off and a diversion go along the road on King Street before turning West onto the High Street (B936).
A report to councillors explained that the landowners of one of the properties on the right of way had requested the diversion after being affected by flooding.
“Since the installation of the bridge and floodgate there have been reports of flooding of the adjacent properties of the floodgate, including a significant flood to the proposer’s property,” it stated.
“The floodgate has been closed since 2024 after it was agreed with the adjacent proprietor that during inclement weather, the route could be closed temporarily to accommodate sandbags situated around the floodgate to further mitigate against potential flooding.
“Since this time however, the floodgate has been padlocked which has effectively closed the route to the public.
“Following the closure of the route, the council promoted a civil interdict court action against the landowner to cease the padlocking of the floodgate after negotiations with the landowner failed to secure the reopening of the route.”
The court action was then paused by the sheriff until the formal request to divert the route was decided.
Howe of Fife and Tay Coast councillor David MacDiarmid was furious at the prospect the route could be closed off.
“One of my constituents who is blind and has a blind dog, do you want to be taking her along a busy main road behind the hotel down on to the main road where the buses and lorries come,” he said.
“I am astounded you think that is going to be safer for someone who is blind.
“Am I right in thinking that officers’ recommendation to extinguish a right of way is support of an illegal act of pad locking and closing off a right of way is potentially opening the floodgates for rights of way closures across the whole of Fife with Fife Council legally not having a leg to stand on,” he asked.
“A precedent I feel will be made. The sheriff awaits our decision and if we move to reopen the right of way, the sheriff in Dundee will decide the outcome.
“It is my view that this is nothing to do with flooding. As I said at the last meeting and have been saying since 2008, this is to do with someone wanting to close off a right of way.”
Cllr MacDiarmid had to be stopped after interrupting convener, Councillor Jonny Tepp, and a suggestion was made he should be suspended from the meeting.
This did not happen as no seconder for the measure could be found.
Dr Catherine Wilson, senior Access Officer, said they had reached the recommendation of diverting the path because of the flood risk to nearby properties.
“We do recognise it is a historical right of way and valued by the community and this diversion doesn’t necessarily create a new path,” she added.
“We have considered all these facts and, on balance, we believe the flood risk for the properties does warrant a diversion of the right of way.”
Councillor Robin Lawson said it was a long-established right of way.
“I am mystified as to why the land owner has entered into a purchase agreement with this covenant which made it very clear that there was a right of way,” he said.
Cllr Tepp moved that the committee accept the recommendation and instruct the diversion which was seconded by Cllr Donald Lothian.
Cllr Lothian acknowledged it was a difficult situation.
“This issue within the very small community of Freuchie has been very divisive and difficult and is the last thing anybody wants in any community let alone small communities like Freuchie,” he said.
“The background is very difficult and unfortunate and none of us really want it.”
Cllr Jane Ann Liston moved that they reject the proposal as she feared it would set a precedent.
“It would seem to give the green light to people who find a right of way near their property inconvenient to close it.
“If you refuse this permission today, then you will go to the sheriff court who will determine it and it seems to me the best way to do it.”
The committee voted by a vote of seven to four to refuse the application.
Anger at Freuchie path closure almost gets councillor thrown out | Central Fife Times