Draft Common Good Land Register

Feedback updated 7 Nov 2023

Results updated 3 Aug 2023

The Council received five separate responses to the consultation. The Council received three responses from members of the public, and a further two responses from community/elected representatives. The comments, together with Council responses,were as follows:-

1. I am interested to obtain the information regarding the record of Properties & land in Pitlochry within the Pitlochry Common Good.

The respondent was advised that a record of this information was available on the spreadsheet, and can also be found on the Common Good land map. The respondent was encouraged to peruse the Pitlochry section of the register, but they were invited to contact the Council again if they were still unable to access the information.

2. I was led to believe that the entirety of Wellmeadow in Blairgowrie was gifted to the town also.

The War Memorial and Gardens had been included in the draft Common Good Land Register. On further examination of the title deeds, it is now considered that the War Memorial is not Common Good property because it was not built on land formerly owned by the Burgh. The area of the War Memorial, gardens and wider Wellmeadow were all acquired by a Feu Disposition by William MacPherson in favour of the Baillie and Council of Blairgowrie dated 26^th June and recorded in the Register of Sasines on 14^th June 1824. The Register has been updated to reflect this.

Separately, following further examination of the title deeds, it is accepted that the Wellmeadow Car Park is Common Good. The Car Park was acquired by Disposition by Scottish Gas Board in favour of The Town Council of Blairgowrie and Rattray dated 26^th September and recorded in the Register of Sasines on 5^th October 1963. As this site does not appear to have been acquired for a statutory purpose, it is now considered that it is Common Good. The Common Good Register has been updated to reflect this.

3. In relation to the Victoria Park and Birks of Aberfeldy, I think these were both designated Fields in Trust in the late HM The Queen's Diamond Jubilee and understand that may bring restrictions on future uses of these spaces.

Victoria Park and the Birks of Aberfeldy both form part of the Aberfeldy Common Good but this did not result from the late Queen’s Diamond Jubilee.

The title to the Victoria Park was acquired by Feu Charter by the Most Honourable Gavin, Marquess of Breadalbane in favour of the Provost Magistrates and Councillors of the Burgh of Aberfeldy dated 15 September 1920 and recorded in the Register of Sasines, applicable to Perth on 22 October 1920. The original title consisted of over 40 Acres but in 1984, 37 acres were sold to the Trustees of Aberfeldy Golf Club.

The title to the Birks of Aberfeldy is a Disposition by John Alexander Simpson and Another, Executors of the late Mrs Millicent Frances Haggart in favour of the Provost Magistrates and Councillors of the Burgh of Aberfeldy dated 2, 5 & 15 February and recorded in the Register of Sasines, applicable to Perth on 2 May all 1968. The area was given to the Burgh by Mrs Haggart in memory of her late husband Ex Provost Haggart. It was her wish that the “present and future Town Councils would develop the areas so as to enhance their natural beauty and so maintain them as places of beauty for all those who stay in, and visit, the town of Aberfeldy.”

4. The WHOLE of the Market Muir, bordered by Airlie Street, Meigle Road, Meigle Drive and a field with one house on the fourth (south) side.

At present, in the draft map plan, only the war memorial area in the north-west corner of the Muir is marked in red as common good. In the draft register, the entry mentions 'Alyth War Memorials and garden, Alyth Muir, Airlie Street/Meigle Road junctions'. (This is the area marked in red on the map). However, in the COMMENTS section, it states that it is 'situated near the market square' which is a completely different location and I assume refers to the other small memorial and garden (for South Africa) at the junction of Albert Street and Bamff Road next to the Square and this area is not marked in red on the map so maybe that should also be included. Sorry if this sounds confusing, but the draft is confusing!

The South African War Memorial was not considered to be Common Good property, as it is not owned by the Council. Furthermore, the larger area of the Market Muir is not Common Good either, as it was not transferred to the Council from the Burgh. The whole area was acquired and owned by the former Eastern District Council and not by the former Burgh and accordingly this means that it is not Common Good property.

5. It is within my knowledge that an area of Burgage-held land does not show on the draft Plan annexed to the draft Register…My understanding is that the foreshore is not Regalia Minora but was included in the original Crown Charter and therefore the foreshore is Burgage-held. Furthermore, there is an area of fishings in the vicinity of Kinfauns which were interrupted by a stretch belonging to the Council under the name of, “The Ship’s Fishings.” This may too be part of the Burgage.

Following this representation a further title search has been instructed. We are currently investigating further how the Council acquired these areas, in consultation with the Archivist at Culture Perth & Kinross. The register will be updated, if appropriate, as soon as these investigations are complete.

This Common Good Register currently contains only heritable property which is considered to be common good property, within each of the Common Good areas of Perth & Kinross Council. This is to say, it is a record of the Common Good land and buildings. It does not provide a record of any Common Good moveable property. Moveable common good property may include, for example, the regalia and furniture owned by the former Burgh Councils. As the register of heritable property has now been completed, its publication has not been delayed until an investigation of the moveable property could be completed. Work to identify the moveable Common Good property has begun. The results of this further investigation will also be published and the register will then be updated with this information incorporated as soon as practicable