The matter of the long awaited path between Castlepark Gardens and the new Dawn Housing development was raised at a recent North Ayrshire Council meeting.
The deadline was due to run out this week in relation to the construction of the path which was one of the conditions in the original planning condition for the first phase.
Last year, when the second phase of housing was given the green light at NAC planning, Dawn were given a one year deadline to get the path finished.
Last Wednesday 19th, SNP Councillor, and Fairlie resident Alan Hill asked North Ayrshire Council what specific actions would be carried out if the path development was not fulfilled in time - for the date of 20 September.
Tom Marshall, chair of planning, said: "We have been told that the path will be completed within the required timescale, and any failure to do so will be reported as a possible breach, and referred to the Procurator Fiscal.
"We are currently working with the applicant to resolve the issue before reaching this stage."
The matter was first raised by former Fairlie community councillor, and district councillor, John Riddell in February 2017. 
He said then that the issue of condition 13 of planning consent required Dawn Homes to provide a lit footpath and cycle path between the development and Castlepark Gardens before the houses were occupied, pointing out that the path didn't exist.
As an alternative, they had put in a short path which goes through a gate in the school fence.
However, Fairlie Community Council objected to the second phase of housing based on the point that the path hadn't been built, leading to the inclusion of the deadline of September 2018 for the new path to be constructed when the second phase was given the green light by NAC.
Speaking as we went to press, Cllr. Hill said: "I raised this issue at last week's meeting of the Council and received assurances from Cllr Marshall that the path was being competed as we spoke. Now over a week has elapsed, we are beyond the agreed deadline and there is still no path linking the new homes with important services like Fairlie Railway Station.
"It simply beggars belief that this matter has now been dragging on for over 4 years and still Dawn Homes seem at liberty to treat our Planning Department with impunity. Cllr Marshall, as Chair of the Planning Committee now needs to take some strong action here and hold Dawn Homes to account. This situation is intolerable for those residents who require to commute to Glasgow and face a massive alternative walking route. I am calling on Cllr Marshall to resolve this issue immediately."