AN APPEAL against a controversial bid to install shutters at each end of an Ayr shopping arcade has been thrown out by the Scottish Government.
A reporter from the government's planning and environmental appeals directorate (DPEA) said she was concerned at the impact of the plan on the safety of night-time pedestrians, particularly women.
The Wood Property Group lodged an appeal after South Ayrshire Council refused permission in May for the shutters at the Lorne Arcade, between High Street and Arthur Street.
But a government reporter has now upheld the local authority’s decision and dismissed the developer’s appeal.
The company’s original application stated that the gates would be closed and the shutter brought down between 6pm and 8am.
The applicant made the case that the Lorne Arcade should be treated as a building which, under the Land Reform Act, would not be considered a right of way.
READ MORE: Plans for shutters at Ayr shopping arcade rejected by South Ayrshire Council
The application attracted 112 objections, the majority of which cited the blocking of a public right of way and the implications for businesses and residents.
Supporting representations backed the applicant’s own insistence that the shutters would provide additional security for the businesses in the Lorne Arcade as well as ‘vagrancy, drug use and anti-social behaviour’.
Among them were Fort, Seafield and Wallacetown Community Council (FSWCC), who stated their support for the proposal, providing there were assurances that the Lorne Arcade was in private ownership and that there was no right of way.
However, that conditional support was subsequently recorded as an objection, a move that ‘appalled’ the community council.
In her determination, reporter Alison Kirkwood said: “By preventing direct access during evening/night-time hours between High Street and Arthur Street, including to bus stops and public toilets, I consider that the proposal would have an adverse impact on pedestrian connectivity.
“This impact is likely to be greatest on women concerned about the public safety effects of having to take an alternative route and those with reduced mobility who would have further to travel.
“In this regard, I do not consider that the suggested alternative routes would provide adequate mitigation for those affected by the evening/night time closure of the arcade.
“The appellant considers that closing the arcade after business hours would result in net economic benefit in terms of keeping existing tenants and attracting new ones.
READ MORE: Fury at controversial bid to close off night-time access to Ayr shopping area
“I have not been provided with evidence from existing or prospective tenants on this matter or any means of attaching a monetary value to the perceived economic benefit.
“Representations raise concerns that the evening/night time closure of the arcade would hinder businesses on Arthur Street.
“Again I have not been provided with any specific evidence on the extent of any adverse impact or how this could be measured.
“I accept that evening/night time closure of the arcade would provide a means of reducing the risk of physical damage and anti-social behaviour.
“However, it is not clear whether other options, which would allow the route through the arcade to remain open, have been explored.
“Based on the evidence before me, I am not persuaded that the resultant adverse impact on pedestrian connectivity would be outweighed by the benefits described by the appellant.”
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