Land Access in Scotland

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Land Access in Scotland

Postby Apollo » Thu Jul 15, 2004 2:26 am

Not just applicable to Glasgow, but this approval has slipped through almost unnoticed.

On 1 July 2004 the Scottish Outdoor Access Code was approved by resolution of the Scottish Parliament, having received Ministerial approval, with modifications, in May.

The full document, 66 pages, is now available at http://www.snh.org.uk as a pdf file http://www.snh.org.uk/pdfs/access/Appro ... 050604.pdf
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Postby Sharon » Thu Jul 15, 2004 8:22 am

Well I am up to page 20 now...and have taken note of the following intersting points.

Section 2.8. Access rights extend to any recreational activities concerned with furthering a persons understanding of the natural or cultural heritage. ...
...
... For example, People carrying out field surveys of cultural heritage, which is defined as including structures and other remains resulting from human activity of ALL periods, traditions and ways of life.

Section 2.9. Rights are extended to a photographer taking photos of cultural heritage.

All very interesting. Thank you for posting this Apollo.
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Postby turbozutek » Thu Jul 15, 2004 2:00 pm

Does it in any way impact our activities ?

Sharon - I don't have the time to read it all.. what do you make of it ?

Chris...
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Postby caine » Thu Jul 15, 2004 2:10 pm

::): lazy get. but from what i understand, it actually opens a few more doors for us.

but since when did anything stop you?!
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Postby turbozutek » Thu Jul 15, 2004 2:13 pm

caine wrote:::): lazy get. but from what i understand, it actually opens a few more doors for us.


More busy than lazy today.. Not stopped! :-(

caine wrote:but since when did anything stop you?!


Since never! 8)

::):

Chris...
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Postby Sharon » Thu Jul 15, 2004 3:18 pm

I never got past page 20 as work called me away from this desk!!

But sections 2.8 and 2.9 seem to me to be GOOD for us!
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Postby Sharon » Thu Jul 15, 2004 3:45 pm

Anyone made it past Page 20 yet?
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Postby Apollo » Thu Jul 15, 2004 9:42 pm

Page 20 already... I'm impressed.

I've only managed to get peace up to page 7 :roll:

While you're highlighting interesting bits, please don't just concentrate on 'our' rights. It will be useful to know of any relevant responsibilities the landowner may now have to comply with in respect to our sort of activities.
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Postby Sharon » Fri Jul 16, 2004 11:41 am

I think that stuff comes AFTER page 20!!! Maybe later...
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Postby Sharon » Mon Jul 26, 2004 10:57 am

Has anyone made it past page 20 yet? I am curious, but apparently not curious enough to get reading!!!!

Lazy? Me? Shut up!
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Postby Apollo » Mon Jul 26, 2004 4:09 pm

Try reading it from the back to make it more interesting :)

Seriously, for those with the normal level of patience where long regulatory documents are concerned, see the guidance section between pages 44 and 56 which gives slightly more concise wording, and makes it easier to get through more quicker.

It all seems pretty common sense stuff for both sides where all you want to do is get access to somewhere on open land, and puts into print the rights and duties of the landowner, who you can now discuss/argue/report if they are of the "CLEAR OFF MY LAND YOU *?*!*?*?*!" variety.
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Postby mustardman » Wed Dec 08, 2004 11:29 am

I think as long as you are passing thru land, you have access in Scotland. I have never had anyone rejecting me, but if they did, I know what I would say to them. Don't know how Balmoral is now, since the invasion of a rambler was caught close to one of the Princes.
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Postby Apollo » Wed Dec 08, 2004 10:00 pm

'Passing through' has no meaning. After all, one could use it as an argument for being anywhere if it was a valid defence.

Balmoral should be treated as any other land, however it is worth emphasising that this document is restricted to land access. It does not apply to areas defined to be dwellings, so people can't go tramping across your garden or wander around the outside of your home and claim it gives them the right to be there.

Thinking about Balmoral, or any similar estate, provided you were not in the immediate grounds of the buildings, carrying a shedload of long focus lenses (and a press pass), or within an excluded area, then the document allows you access, and equally importantly, obliges the landowner to allow you that access.
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Postby mustardman » Thu Dec 09, 2004 11:15 am

Apollo wrote:'Passing through' has no meaning. After all, one could use it as an argument for being anywhere if it was a valid defence.

Balmoral should be treated as any other land, however it is worth emphasising that this document is restricted to land access. It does not apply to areas defined to be dwellings, so people can't go tramping across your garden or wander around the outside of your home and claim it gives them the right to be there.

Thinking about Balmoral, or any similar estate, provided you were not in the immediate grounds of the buildings, carrying a shedload of long focus lenses (and a press pass), or within an excluded area, then the document allows you access, and equally importantly, obliges the landowner to allow you that access.



Yeah, I understand the dwellings thing, obviously. For example, the entrance road to the Kilpatrick Hills has a sign which says 'Private, No Entry'. But should in actual fact should say 'no vehicles foot only'. I think they would love to reject people going to the hills if it were law, but they cannot. However, people not familar with the area(tourists etc.) would probably adhere to the sign.
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Postby Paper Hankie » Wed Feb 09, 2005 1:13 pm

Mustardman,
The Loch Humphrey road has been a public right of way for some time despite these old signs indicating that it's private (see the Clydebelt website).
The gate has been closed at High Gavinburn farm to stop mountain bikers destroying the path at the back of the Black Linn reservoir and at the west side of Loch Humphrey making it impassable to walkers going through the Hidden Valley to Overtoun Estate. Only problem is that according to the report on BBC Scotland the new freedoms apply to all modes of transport without a motor. Does this now mean that the paths will become muddy, ploughed, unnavigable cycle paths again.
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