Battle lines have been drawn between ramblers and conservationists on one side and Kevin Doyle, an Edinburgh-based publican and building tycoon.
At stake is the future of the John Muir Way — named after the conservationist who is regarded as the father of American national parks — which follows the East Lothian coast from his birthplace in Dunbar to Musselburgh.
Buyers of the 157 holiday homes, cottages and luxury flats in the Archerfield Estate, at prices of up to £1m, will have exclusive use of two custom-built golf courses. But they will have to pay a further £15,000 to obtain one of the 1,000 golf club memberships on offer and £1,000-a-year in green fees.
The plans have proved unpopular with residents in the nearby village of Dirleton. The development will encroach onto the footpath, which has already been closed to walkers. A bridge has also been removed, and locals trying to gain access through the estate claim they have been harassed by Archerfield security staff.
The Land Reform Act, which came into force in February, gives walkers, cyclists and horse riders a right of responsible access to almost all of the Scottish countryside. Local authorities have a duty to uphold access rights and are required to take court action against landowners who refuse to comply.
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However, Doyle, the owner of Caledonian Heritable Ltd, which is building the development, said he regards the legislation as flawed and is prepared to challenge it in the courts.
“I am a big supporter of the access legislation, but where it is wrong, I would throw as much money as I can afford at it to take this all the way to the European court if necessary,” he said. “Where the legislation is badly written I will fight it tooth and nail.”
A campaign of opposition is being waged by the Ramblers Association and the Dirleton Village Association. They have held regular meetings on the issue and plan to submit a petition to East Lothian council demanding they act to reinstate access.
“Whilst it is perfectly legitimate to protect the immediate environment of their own house, to block off a popular and important trail of this kind is a retrograde step,” said Chris Smith, the former heritage secretary and president of the Ramblers’ Association.
“Anyone, no matter how limited their means, must be able to enjoy fresh air and pleasant countryside — this is an absolutely fundamental point.”
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“Kevin Doyle is very keen to have a gated complex and keep people out,” said Nigel Bruce, the Dirleton association treasurer. “We have approached the council but all we receive is platitudes. The council are desperately keen to have a successful development.”
Gated communities are common in North America and South Africa, where wealthy residents counter the threat of criminals by buying in their own security. But until now the only British gated communities have been found in London.
The Ramblers’ Association has advised members to continue to exercise their rights and believe this to be an important test of the new access legislation. “It is really up to the council to bite the bullet and take him to court — he can’t just opt out,” said Helen Todd, access campaigner at the association.
A spokesman for East Lothian council said: “Archerfield have not been very co-operative with us and we have the legal powers to enforce access under the act, but that is very expensive and councils are reluctant. Archerfield is aware of that.”