@wc you sure you've not switched usernames with Dave?
CityCyclingEdinburgh Forum » Debate!
William Hunter - self-hating cyclist?
(43 posts)-
Posted 10 years ago #
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It's not really private land in the same sense as your house though. There is an expectation that the general will be there in large numbers.
Posted 10 years ago # -
Aha. This must be one of the same three people whining about trailers (or hur hur "tents" hur hur) with flags in Morningside in the EENinoo a few months back.
Posted 10 years ago # -
It is private land. The cars are parked there legally. Just because it looks like a street doesn't mean it is one. There is no public right of access to Multrees Walk - people can only access it at the discretion of the owners. Clearly, it is in the owner's interest to allow as many people into the area as possible - retailers will only rent their shops if there is a high footfall. Best to think of it as an uncovered shopping centre, rather than a street.
Posted 10 years ago # -
There is no public right of access to Multrees Walk
Really? What does the LRA have to say about that?
Posted 10 years ago # -
edd1e_h - Section 6(1)(b)(i) of the Land Reform Act exempts land surrounding and associated with non-domestic buildings from the access rights it grants. It would probably need tested in court, but I'm pretty sure the owners of Multrees Walk would argue that the space between their buildings is clearly associated with them and that access rights do not apply.
Posted 10 years ago # -
Hmmm. My 2p worth is that there is a whiff of sanctimoniousness on this thread. & I don't even like cars.
Posted 10 years ago # -
I'd be surprised if there were no public access rights at all there.
I've been using it as a public right of way, unchallenged, on a regular basis since it opened. I'd be pretty confident that a court would uphold that right in the event of a bouncer stopping me.
Presumably, the only way the landowner could enforce any ban on cycling along there would be by civil action? I'd like to see a critical mass meet up there ;-)
Posted 10 years ago # -
Public Rights of Way are only created in Scotland after a 20 year prescriptive period, and that period can be restarted by the owner exercising the right to restrict access. In theory the restriction of access by bikes could stop it becoming a Right of Way because the owner is asserting their control over the space.
Reminds me of a comedy moot I took part in at uni when my only contribution of note was a very poor taste joke about something being a right of way rather than a servitude. You had to be there.
Anyway, in short I'd be pretty confident (to the point of certainty) that a court would point out Multrees Walk had not been in existence for 20 years and to come back and try again then.
Posted 10 years ago # -
There was public access to St Andrew Square from Elder Street before this development.
Its not an unreasonable argument that Multrees walk has maintained this long established thoroughfare.
Its use an a public RoW may even have been agreed at the planning stage?
Posted 10 years ago # -
Sorry. I find it hard not to be sanctimonious when a pedestrian campaigner (not me) suggests that a pedestrian-only space is not the right place for two expensive cars, only to be accused of being a MILITANT CYCLIST. And a BULLY. And a TROLL.
Posted 10 years ago # -
The route through to Elder Street in the past will have been a public footpath. Public Rights of Way are specifically over private land, by definition they're not required over public land. So there's not an old RoW to continue.
So the planning stage would have had to actively create a RoW, and I suspect that's crediting the powers that be with too much forethought.
Posted 10 years ago # -
I don't care either way about cars on Multrees Walk, and I'm with WC on quite liking big Jags. However the Twitter posts were unpleasant and unbecoming of their sender (particularly if representing a commercial enterprise) and I'm quite in favour of sanctimoniousness about that.
I'm not a militant cyclist, and we own a car. I'd just like my family and me to be able to cycle safely on the roads on their trailer bikes and (if they so desire) not wearing helmets.
Posted 10 years ago #
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