By-law Restricting Right to Roam Approved for Center Parcs Site
A by-law limiting the right to roam on the proposed site of Scotland's inaugural Center Parcs has been formally approved.
Scottish Borders Council (SBC) agreed to pursue confirmation of this measure after being informed that establishing a fenced area with a single access point on the land near Hawick was "central to the business model" of Center Parcs.
Opponents expressed concerns regarding the precedent this decision might establish and the potential consequences for other locations across Scotland.
Nonetheless, SBC confirmed that Scottish ministers granted approval for the by-law on Monday, with the restriction set to come into effect in April of this year.
Legal Context and Council's Position
The right to responsible access is enshrined in The Land Reform (Scotland) Act 2003.
However, SBC contended that the provisions of this Act are insufficient to satisfy the operational requirements of Center Parcs, which recently received planning permission for its development plans.
Late in the previous year, the council resolved to advance the by-law as the "only effective way forward," having dismissed alternative options.
Council Leader Welcomes Decision
SBC leader Euan Jardine expressed support for the approval, stating:
"We appreciate ministers' acknowledgement of the extensive work undertaken to address the concerns raised by access groups and local residents, and their agreement that these can be appropriately mitigated through the proposals put forward."
"This positive decision provides clarity and confidence for the project to move forward, bringing significant economic and employment opportunities to the Borders, while ensuring our communities and environment are respected."
Concerns Raised by Access Groups
Ramblers Scotland voiced apprehension about the precedent the by-law could set, warning it might encourage similar proposals with potentially "greater negative impact" on outdoor access.
Similarly, ScotWays—the Scottish Rights of Way and Access Society—lodged an objection citing comparable concerns and the risk of eroding responsible access rights on a national scale.
ScotWays argued that the restriction on access was "contrary to the spirit and purpose" of the Land Reform Act and described the measure as "excessive in scope."
Council's Exceptional Case Determination
Despite these objections, a special full meeting of SBC concluded that the Center Parcs development represented an "exceptional case," and recommended proceeding with the by-law to seek Scottish government approval, which has now been granted.
Project Details and Economic Impact
The planned park will be the seventh Center Parcs village across the UK and Ireland, but notably the first in Scotland, with an anticipated opening date in 2029.
It is projected to support approximately 800 jobs during the construction phase and to create around 1,200 permanent positions once operational.
