IRVINE’S Jail Close has been saved after a decision by Government Ministers.

It’s been confirmed that the path in the town centre - stopped up to make way for Irvine’s controversial new leisure centre - will remain open as a right of way for pedestrians.

But vehicles will not be able to access the site after recommendations by Scottish Government Reporter Frances McChlery (pictured) were approved by Ministers at Holyrood.

Mc McChlery’s findings came after a public inquiry was held at the Volunteer Rooms in June to scrutinise North Ayrshire Council’s stopping up order on Jail Close.

Construction on the new centre was brought to a standstill last December after Save the Magnum campaigners launched objections against the closure - which prompted council Leader Willie Gibson to describe the group as “blinkered individuals.” Campaigners argued that Jail Close was a useful short cut to and from the High Street along with having a historical significance as one of the last remaining medieval closes.

But in her report, Ms McChlery described any historical links as to Jail Close as “tenuous”.

Concerns were also raised about a restricted disabled access to the site but NAC chiefs revealed at the hearing that alterations had been made to the plans to include a gate and intercom for staff and disabled access, insisting that the closure was necessary to comply with disability legislation.

The council also argued that the campaigners had not considered public safety, insisting that leaving the path open would lead to an increase risk to crime, after receiving advice from police.

But the campaigners claimed that they were completely unaware of any alterations to the plans and accused the council of not properly consulting residents about the plans or the stopping up order.

Despite describing the council’s planning as “well founded and persuasive”, Ms McChlery agreed with campaigners that the community had not been fully consulted on the issue.

She said: “The position of the council’s planning service has been a difficult one. On the one hand, as the council’s land use planning arm, they should have evaluated all aspects of this council project at arm’s length and done their best to consider objectively how this building could and should be inserted into the existing fabric of Irvine.

“In my view, the planning services approach should not be criticised, and their report to their planning committee on the main development was in fact both thorough and balanced. I have no doubt about the propriety of their conclusions and their recommendation that the project itself was a desirable proposal.

“I find their careful assessment of the main project against the development plan and the relevant material considerations as to the principle of this project to be well founded and persuasive.

“However, the devil is often in the detail, and the stopping up order required to be treated as a slightly different, if related, matter to be equally carefully considered on its own merits.

“I do not consider that the main project application process and committee report on the planning permission gave the implications of the stopping up order the attention it deserved.

“I do not think it was fully consulted upon with the community. It is of some concern that the views of the community council were apparently not taken on this matter.” Save the Magnum Chair Rosemary Byrne said she was “delighted” with the result and described it as a “victory for local democracy”.

She said: “Obviously I’m delighted and the council knew that the part of Jail Close we wanted to save was the right of way, not the dog-leg shaped car space.

“I see it as a victory for local democracy and hopefully it will inspire more people who have decided that enough is enough and don’t want to lose any more of Irvine’s history.

“We’ll be carrying on with the Save the Magnum campaign but we haven’t made any further decisions.

“We’ve been very involved in bringing this council to account and obviously this decision has really motivated us.

“It’s a minor victory but still a victory for Irvine.” It is still unclear when construction will fully re-start but the council hope that the centre will be the focal point of the soon-to-be regenerated town centre, despite vehement opposition from many residents.

Councillor Marie Burns, cabinet member for economy and employment said: “We acknowledge the Ministers’ decision and will now incorporate the pedestrian pathway into the design of the scheme. We will also assess any implications arising from the delay over the past year which has allowed the public hearing to take place.

“We have been working extensively with community groups over the last 18 months to develop a shared approach to the regeneration of Irvine. We are currently undertaking a public consultation on the future development of the town and would urge everyone to get involved and have their say.”