A COURT of law will now decide if common good land in Dunfermline can be leased to the Alhambra Theatre Trust.

Fife Council have given their approval for a small plot on the corner of New Row and Park Avenue to be used for the Ironmongers Studio, a new performing arts centre.

The final decision will now be made in Dunfermline Sheriff Court after members of the assets and corporate services sub-committee backed the application on Thursday.

The council's corporate asset manager, Alan Paul, admitted that a sheriff could still overturn the decision, adding: "There's certainly another step in the process before approval to proceed with the lease of the land is confirmed.

"What we're seeking today is approval from the council to proceed."

Planning permission for the Ironmongers Studio on New Row, which will include a 200-seat theatre, cinema, café and bar area, as well as a home for the Alhambra Stage School and Dunfermline Cinema Project, was granted earlier this month.

To improve access to the development, the trust applied to lease, for 25 years, an adjacent 15-square-metre area of common good land.

It was met by numerous objections and Mr Paul confirmed: "It's been a relatively controversial transaction, largely in relation to the principle of leasing common good land."

Council co-leader Councillor David Alexander said: "Normally, I would go with the principle but I think what trumps it for this site is the result because what gems, what talent they're going to get out of this stage school.

"That's the exciting thing for me so I'm quite happy for this to go through."

The issue has proved controversial as the plot was gifted to the ‘City and Royal Burgh of Dunfermline’ in 1962, by the Carnegie Dunfermline & Hero Fund trustees, with a prohibition on development in order that it be maintained as open space.

The common good land is 376 square metres in size and consists of a formal garden with flower beds, shrubs and benches.

If the lease is approved, the trust will pay £1,000 a year.

Councillors were split over the issue when it first came to the City of Dunfermline area committee in March 2018 but, in March of this year, they recommended that the council agree the lease.

A council report at the time said the proposal would have “minimal impact on the use or visual amenity of the area”.

The sub-committee had the final say for the council but there was some confusion among members, with Cllr Kathleen Leslie stating she was against "the loss of this piece of land for people walking up and down the New Row where they can sit".

Cllr David MacDiarmid said New Row was a "muckle brae", that he would "struggle to get up it without stopping halfway" and asked if the council could put two replacement benches somewhere nearby.

However, Cllr Alistair Bain said members of the public could still use it and added: "The existing garden area, the park itself, the benches, trees and everything else will remain where they are and will continue to remain where they are as they are not part of this lease."

After this clarification, Cllr Leslie agreed with the other members and said she was happy to support the leasing of the land.

Convenor, Cllr Craig Walker, said: "I certainly had initial doubts about selling or leasing common good land; it doesn't necessarily sit with the spirit of what common good land is about, but I think this is a decent proposal and it does keep the existing land where it is.

"More importantly, the local members were all consulted and each one seemed to be in favour.

"Given the council's desire to devolve matters to local areas, I think we should take on board local members' views.

"That's what's persuaded me this is the right thing to do."