New fencing on promenade

[Anthony]

Yesterday a new fence was put up on the promenade next to the chippy, closing off the undeveloped land there.

Does anybody know the future of this land? Recently a planning application to build a dwelling there was withdrawn.

Anthony

[Lawrence Marshall]

... I understand that this land was fenced off by the Council as part of the ongoing small-scale works to upgrade the Promenade.
19 - 24 Promenade is in private ownership. It is specifically mentioned in the North East Edinburgh Local Plan as a site proposed for acquisition by the Council for "amenity open space purposes". We have, however, been unable to make progress with the site owner as regards this.
An outline planning application for flats was recently submitted for this site but was deemed incompetent as, being in a Conservation Area, a detailed planning application would be necessary. The Old Town Housing Association have expressed an interest to build here.
Our planning policy with respect to this prominent piece of ground is clear. Acquiring the site is, however, a more difficult matter!
In the meantime, I am glad that this site has been reasonably tastefully fenced off. It improves the Promenade and, as such, is to be welcomed.

Lawrence

[Susan]

Hi,

I would agree that fencing this section does tidy up this bit of the Promenade.

However, the problem of encroachment onto the Promenade has happened here again.

What happens at a later stage if a successful planning application slips through, does the new boundary become the fence line?

The original railings of the Victorian villas that stood on that site came from behind the bay window of the Restaurant. There is plenty of photographic evidence of this. The wall at the far end was the projected wall of the old Erinall's building.

I just wonder why so much money (£500,000) was spent on the "Pepper Pot" building to return it to former glory, when it now appears every effort is being made to obscure it's great architectural design.

Seems such a shame.

Susan

[Lawrence Marshall]

Susan,
the reason the fence is proud of the adjacent building is, I'm told, because by building the fence on land definitely owned by the Council, we didn't need to ask the owner of the site for his permission!

Lawrence

[Susan]

Hi,

Thanks for that insight Lawrence!

Please remember that Jack broke parts of the promenade to increase his boundary and the visual impact of his "Funfair and ancillary facilities" so they could be seen from the Tower! The Council do own more of the Promenade than where the fence is sited.

Susan

[Guest]

What happens at a later stage if a successful planning application slips through, does the new boundary become the fence line?

No.

But there are exceptions: if the title deeds are very vague, the only way to determine where the boundaries lie is to look at who is possessing the land. But the land has to be possessed for ten years before the encroaching owner has an indefeasible right of ownership.

Does anyone know who owns the site? Or even who used to own it?

[Susan]

Hi,

The owners of the land were Jack and Eileen Strand.

Though they are now divorced one or both retained ownership.

Susan