Bit surprised there has been nothing on this thread for 3 years - and can't find a newer one.
Substantial update (from Councillor Steve Burgess) -
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At the Local Access Forum meeting in April, two local Councillors (on behalf of other local councillors) representing local residents, and formally supported by Grange/Prestonfield, Marchmont/Sciennes and Morningside Community Councils, and the Grange Association, made a case for the creation of Rights of Way (RoW) through the Astley Ainslie Hospital (AAH) site. The Forum agreed to seek further information and we understand you are meeting today consider the issue again.
Since local Councillors have been advised we may not be allowed to address the Forum on this issue again today, we would like to make the following brief points in support of Rights of Way through the AAH site:
A. Scotways report on the evidence strongly supports the creation of RoW and concludes by stating:
‘All the routes assessed meet the first three criteria of public place, defined route and without permission....
From previous experience Scotways considers the numbers using the first five route variations based on Entrances 1,3,4,5, adequate to meet the necessary criteria for rights of way.’
B. In the report by Council Access Officers, five Conclusions have been drawn and Local Councillors provide balancing responses to each of these below;
Report conclusion 1. ‘It is our understanding that NHS Lothian has not given any commitment regarding a date to relocate the hospital facilities from the AAH site, therefore the current position of unrestricted access through the site could remain unchanged for the foreseeable future.’
Local Councillor’s response:
Whilst the NHS are keeping the exact date for decanting from the AAH site private, they recently informed Community Councillors at a meeting in August that they intend to decant to the Royal Edinburgh sell the AAH site ‘around 2019’ i.e. in four years time
Scotways report states: ‘With its pending sale by the NHS within a few years, there is huge concern about its future development. ’
Report Conclusion 2. ‘The Access Steering Group, an Officers’ working group which guides the work of the Local Access Forum (LAF), discussed the issue of access through the AAH site on two occasions: March 2014 and April 2015. On both occasions it was felt that the five cycle/footpath safeguards present in the second Proposed Local Development Plan are sufficient to ensure that future development in its layout will provide routes through the site.’
Local Councillor’s response:
Although the cycle/footpath safeguards present in the second Proposed Local Development Plan intend some protection, experience has shown that the planning committee have often set aside such planning guidance when approving development. However, RoW could not be set aside by planning officers or the planning committee in this way.
Scotways report states: ‘However, such protection [in the LDP] may be subject to amendment, and a higher level of protection has been desired by having all the relevant routes described in the LDP declared legally recorded rights of way.’
Report conclusion 3. ‘Local authorities have the power to establish the legal status of a right of way through court proceedings. However, if this were contested by the landowner the case could take years to resolve, with significant cost and staff time involved. Informal discussions with Legal Services have suggested costs may be in the region of £10,000 - £20,000 if the assertion of routes were contested by the landowner.’
Local Councillor’s response:
There is no reason to think the NHS would contest the establishment of RoW in court. The NHS are already allowing free access across the site so establishing RoW would not affect their current operations.
Also the landowner is unlikely to risk challenging the creation of RoW in court as the evidence for RoW is strong as almost 300 local residents have signed individual forms to say they use routes through the site many going back over 20 years.
Scotways report states: ‘Whilst a set of over 280 questionnaires would generally be very adequate to assess rights of way, it must be remembered that this is likely to be only a small sample of regular users here. The Grange Association survey shows just how many may use the site on a daily basis.’
Report Conclusion 4. ‘The NHS Lothian position on Public Rights of Way on the AAH site is unclear. Following the April 2015 meeting of the LAF, the Conveners of the Transport and Environment and Health Social Care and Housing Committees undertook to meet with NHS Lothian and to report to the October 2015 meeting of the LAF.’
Local Councillor’s response: We understand that Cllr. Lesley Hinds, the Convenor of the Access Forum recently met with the NHS. Whilst it may be the case that the NHS is not enthusiastic about creation of RoW because of a perception that this may affect land values, this is only a perception and needs to be balanced with the need for local people to have continued passage through the AAH site after disposal by the NHS.
Report Conclusion 5. Public Rights of Way, if established, would not necessarily prevent development of the site. They would however require a formal process to be followed which would ensure satisfactory provision is made for their replacement.
Local Councillor’s response: We agree with this statement that establishment of RoW would not hinder the future re-development of the AAH site but only require development to maintain some sort of RoW.
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