ESTATE managers have accused Scottish Borders Council of reneging on their responsibilities to clear rubbish described as a health risk at a Peeblesshire beauty spot.

Landowners Wemyss and March insist it is “entirely unreasonable” for the council to promote the site while refusing to do anything about the problems at the Meldons, near Eddleston.

A Peebles mum described the site as “disgusting” and a “disgrace” after her two-year-old son picked up a discarded tampon at an area popular with picnickers and campers.

She also saw condoms amongst the rubbish at a disused toilet block and expressed concern that the area posed a health risk.

SBC withdrew from management of the site when their lease finished and are refusing to collect rubbish.

Wemyss and March, in a statement to the Peeblessshire News, said the council confirmed to them in a letter in May this year that they were not in a position to “supply any bins or uplift litter”.

The statement went on: “We continue to resist this change as in our opinion it is entirely unreasonable for the council to expect the estate to take over their responsibilities and manage litter and other waste debris and anti-social behaviour at a site which has been promoted by the council for public use.

“Whilst we subscribe to the view that it is the responsibility of a farmer or owner to keep their own land tidy – the circumstances here are totally different given the fact that the council not the estate promoted the site in the first place and we feel they should have a continuing obligation to manage the site whilst it exists as such.

“We would add that the council continue to promote the site as a part of their Core Path network.” Pointing out that the road through the site is a public highway the statement continued: “The council’s refuse lorries pass through the Meldons to collect rubbish from neighbouring properties and surely it would be reasonable for the council to replace the bins at the Meldons and empty them as they used to.” The statement added: “After the introduction of the Countryside (Scotland) Act 1967 the council entered into an access agreement with the estate and subsequently formed the picnic areas, erected signage, built the toilet (on ground leased from the estate at a nominal peppercorn rent) and generally promoted the site as a place of public recreation.

“Due to cost-cutting measures the Council announced their intention in 2009 to close the toilets and cease all management activities at the Meldons.

“The toilets were closed in 2009, but after representations from the estate, the council continued to manage the picnic site until 2013 when they again tried to pass on responsibility for the management of the site to the estate.

“In September 2013, we confirmed that we were not prepared to accept responsibility for the picnic area as we considered this to be the duty and responsibility of the council.

“The council confirmed they would consult further and respond in due course.

“There have been no further discussions or consultation with the estate.

“It is a pity that the public leave litter in the countryside at all and in the absence of bins we would encourage everyone to take their litter home.

“We hope there will be discussions with the council which will lead to a solution to the problem of litter in this lovely picnic area.” Many of the key officers at SBC involved in this issue were unavailable this week.

But a spokesperson said: “The access agreement for the picnic site at the Meldons was cancelled in 2009, although SBC did offer support and advice on the management of the site until the end of 2010.

“Thereafter, the picnic site has been under the ownership and responsibility of Wemyss and March Estates.

“From April 1, 2014, there has been an increase in the penalties for anyone caught littering (£80) or fly-tipping (£200) in Scotland, and SBC would encourage people not to spoil our environment by carrying out such acts.”