Burnside Path probe proves to be a nightmare

Jan 23 2009 by Edwin Lawrence

A SAFETY probe on a country path has revealed new obstacles.

And the Burnside Path at Mossblown remains a headache for South Ayrshire Council.

Villagers applauded a council decision last summer to carry out the probe.

They hoped it might stop horses using the path.

For they believe pedestrians could be injured or even killed.

But the safety probe says the hazards at Burnside ‘are no different or greater’ than similar rights-of-way.

However, the probe DOES highlight how risks can be minimised.

But the farmer who owns the land has so far resisted change.

The council would stump up £5000 for a package of improvements.

But the farmer fears ’an unreasonable burden of added responsibility’ on himself.

And council official Neil Feggans pointed out: “The landowner is unwilling to allow improvements, and the council has no powers to force him.”

The only crumb of comfort for the council is that it would be unlikely to be liable if there is an accident.

And Mr Feggans stated: “If a pedestrian is injured by a horse, the rider would be liable, if found to be negligent.”

The council is obliged to let everyone – including horse-riders – use the right-of-way under terms of the Land Reform (Scotland) Act.

The safety probe identifies a number of ways to minimise risks at the Burnside.

These include:

Clearing away vegetation and overhanging branches

Widening and levelling the path, and creating passing places.

Replacing current ‘kissing gates’ with ‘horse use’ gates.

Erecting signs to tell people of controls in place on the path.

Councillor Andy Campbell said he feared a situation where the existing gates are taken away, but no improvements are made.

The Labour councillor said this would greatly increase pedestrians’ risk from horses.

And he moved that the matter be continued, to decide how best to proceed.

But council leader Councillor Hugh Hunter said council officials should immediately try to introduce the package of improvements, subject to the landowner’s consent.

The Tory councillor said: “We can’t keep putting this off. It’s time for our officials to deal with it, and I respect their professionalism to do it.”

Councillor Hunter’s amendment was carried 19-7 on a vote of the full South Ayrshire Council, with four abstentions.