A LEGAL dispute over an area of common good land in Dunfermline is still rumbling on after seven years.
The conflict centres on the Alhambra Theatre Trust's wish to lease a small area on the corner of New Row and Park Avenue but a decision has now been put off until at least the summer.
The trust say it would provide ease of access to their new performing arts centre, the Ironmongers Studio, but opponents, including the Central Dunfermline Community Council (CDCC), have been petitioning against this since 2017.
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The plot is not big, at 376 square metres in size, and consists of a formal garden with flower beds, shrubs and benches.
However it 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 theatre trust want to lease around 15 square metres of the land, at £1,000 a year for 25 years, but as it is common good land a final decision must be taken by a sheriff.
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A "procedural hearing" went ahead at Dunfermline Sheriff Court last May, to establish if Fife Council could lease or sell part of the site.
At that time CDCC told the Press: "The community council is petitioning the court to reject Fife Council's application to dispose of common good assets.
"The land was gifted for the wellbeing and benefit of, and is owned, by the people of Dunfermline."
The case was due to call again the following month but there was no resolution.
There have been further delays, it was continued in February and postponed again on April 2, with the council confirming that the next court hearing is scheduled for June 4.
The stalemate has held up the trust's aim of turning the old Watt & Dewar building on New Row, across the road from the Alhambra Theatre, into a performing arts centre.
Planning permission was granted by Fife Council in August 2020 and the ambitious proposals include a 200-seat theatre, cinema, café and bar area, as well as a home for the Alhambra Stage School.
Last year the trust re-stated their commitment to the project and also moved to clear up a "misunderstanding" and said they had not asked for a disposal of the land.
Instead, they clarified that they were seeking permission to "extend a path along the edge of the common good ground to access our own property" and create another access at the Ironmongers Studio.
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