Residents of Fairway View in Prestwick have stepped up their protest against a proposed access road to Northcare’s new care home development, The Fairways, after putting up a fence and blocking access with their cars.
The dispute has also prompted independent councillor Willie Hogg to resign from South Ayrshire’s planning committee. The Ayr North councillor said he left the panel so he could openly support the residents, who oppose Fairway View becoming the main route to the development.
Residents challenge proposed access
Fairway View residents say they own part of the land proposed for the access site and have title deeds to support their position. They have been in dispute with South Ayrshire Council and argue that their street is too narrow to serve as the main access for the care home.
Instead, the residents say the much larger East Road should be used. They have now paid for and built a fence across the disputed area, while a blockade of residents’ cars prevented access when the Ayrshire Roads Alliance attended the site on Tuesday, September 8.
The roadworks team arrived as diggers were moving in, with the new fence already in place. The action has brought a long-running argument over land ownership, road access and the care home development into a public confrontation.
Councillor says residents have been treated unfairly
Councillor Hogg said he was “totally disgusted” by how the residents were being treated and described the council’s approach as heavy-handed. He said the 46 residents were hard-working professionals and argued that officials should meet with them to resolve the dispute.
He also said the council’s decision was “not morally correct” and described the situation as a failure by someone at the council. His resignation means he can support the protest without remaining on the planning panel.
“I am totally disgusted by the way these people are being treated by South Ayrshire Council. I am dumbfounded.”
“I believe they are right in what they are doing. I believe there's been a balls up by someone at the council.”
“These 46 residents are not idiots, they are hard working professional people. I have resigned from the planning panel so I can speak out and openly support them.”
“The council have been heavy handed. They need to sit down and talk to these people.”
Council sets out position on disputed land
In a letter to residents, South Ayrshire Council chief executive Stephen Penman said he was satisfied the decision had been made in line with the council’s regulatory functions and powers.
He said land ownership, boundary disputes and private rights of way were not material planning considerations. In the council’s view, any disagreement over title rights and related issues is a civil dispute between landowners.
Mr Penman also said Fairway View is an adopted road. That means the Roads Authority is responsible for its maintenance, including associated footways, verges and service strips.
He said legislation allows the Roads Authority to take control of adopted roads from landowners to provide a public highway and related infrastructure. In this case, the disputed land was originally formed as a service strip, with a heel kerb and lighting columns, and forms part of the road’s adoption.
The council said ownership of the land does not transfer under adoption, but that its use can change. Residents, however, continue to maintain that the land belongs to them and say their title deeds prove it.