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Scottish Borders Council has now granted planning permission for the proposed Center Parcs holiday village near Hawick, following its earlier decision to approve a draft access byelaw for submission to the Scottish Ministers for statutory consultation. Taken together, these steps mark a significant moment in the evolving relationship between Scotland's statutory access rights and the demands of large-scale commercial development.
The Council first endorsed the principle of restricting public access to the site by advancing a draft byelaw under the Land Reform (Scotland) Act 2003, recognising that the Center Parcs operational model would be incompatible with unrestricted access.
The Right of Responsible Access
At issue is the right of responsible access, commonly known as the "right to roam", which is enshrined in the Land Reform (Scotland) Act 2003. It grants the public access to most land and inland water across Scotland for recreational, educational, and certain other purposes, provided that access is taken responsibly. This right is a defining feature of Scotland's cultural identity and is viewed as being more progressive than in other parts of the UK.
The Center Parcs proposal has, from the outset, raised difficult questions about how those access rights interact with developments that are designed to operate as enclosed, access-controlled environments. The Council's earlier decision to pursue a byelaw reflects an acknowledgment that, without a lawful exclusion of access rights, the £400-£450 million development could not operate as intended.
Center Parcs, Scotland
Planning permission has now been granted for the development on approximately 988 acres (400 hectares) of land at Huntlaw and Muirfield Farm, around three miles north of Hawick. The approved scheme includes around 700 holiday lodges, newly created lochs, and woodland planting and nature trails, together with a central leisure complex comprising a swimming pool, spa facilities, restaurants, retail units, and a range of indoor and outdoor activities.
Central to this model is the concept of a safe, secure, and self-contained environment. Access to the village is carefully controlled, with entry limited to guests and staff. The Supporting Statement prepared by the Director of Corporate Governance and submitted to the Council as part of an official Report, emphasises that this enclosed design is critical for operational integrity and guest experience. It also cites legal obligations under Martyn's Law, a forthcoming obligation requiring enhanced security at publicly accessible venues introduced by the Terrorism (Protection of Premises) Act 2025, as a key justification for restricting public access. Under the legislation, the site qualifies as an "enhanced duty premises" since its capacity exceeds 800 individuals, therefore triggering more stringent requirements. Center Parcs argued that a single controlled access point monitored by security staff is essential for ensuring compliance with this new UK-wide duty.
Planning officers concluded that the proposals justified a countryside location and that the environmental, landscape, and infrastructure impacts could be adequately mitigated. Significant weight was placed on the economic and social benefits, including approximately 800 construction jobs, around 1,200 permanent jobs, and an estimated £30–£40 million annual boost to local salaries, with more than 350,000 visitors expected each year.
Legal Framework
At the heart of this debate lies a legal paradox: the 2003 Act, which is praised for establishing the public's right to responsible access, also contains the very provisions that allow that right to be curtailed. This interplay between Section 12, which allows local authorities to make byelaws in relation to land over which access rights are exercisable, and Section 13, which obliges those same authorities to uphold access rights, creates a delicate legal balancing act.
Section 12 permits byelaws for three broad purposes:
- To promote responsible conduct by those exercising access rights
- To exclude land from access rights
- To protect public order, safety, prevent damage or nuisance, and conserve natural or cultural heritage
However, the 2003 Act does not grant unrestricted power to exclude access. Any proposed byelaw must be proportionate, justified, and consistent with Scottish Government guidance issued under Section 27 of the 2003 Act. Among the guidance issued under Section 27 is the "Part 1 Land Reform (Scotland) Act 2003: Guidance for Local Authorities and National Park Authorities", which reminds authorities that the statutory provisions of the 2003 Act take precedence in cases of doubt, and that exclusions must be carefully balanced against the public interest in maintaining open access.
Council Endorsement
The Council's backing of the Center Parcs development reflects a considered judgement that the benefits of restricted access are outweighed by the scale of economic opportunity. With the prospect of 1,200 permanent new jobs at the site, 800 during the construction period, and an estimated to the local economy, councillors were ultimately persuaded that the exemption sought by Center Parcs, Scotland constituted an exceptional case.
Deputy leader of the Council, Scott Hamilton, described the development as a unique opportunity for the Borders, highlighting the significance of attracting a major leisure brand to invest in the area for the first time. In his remarks, Hamilton emphasised that the Council's support for the byelaw stems from a desire to facilitate meaningful investment, not to undermine public access rights:
"This is not about taking away any right or destroying the countryside for anyone's pleasure. It is simply about ensuring that we can get this investment into the Scottish Borders."
With planning permission now granted, the project will move into a detailed design phase, alongside building warrant approvals and tendering during 2026, with construction expected to begin in spring 2026. The Council's access byelaw is still awaiting Ministerial confirmation, meaning public access rights continue unchanged for now, and it remains to be seen whether the Scottish Ministers will confirm the byelaw in its current form.
This article was co-authored by Trainee Eva Curran.
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