Land Access in Scotland

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Postby Apollo » Wed Feb 09, 2005 6:36 pm

Guess this one falls under the description of active pursuits, so this document (which to be fair is about access) doesn't offer anything to stop this sort of mechanical vandalism to pathways.

Suppose it's another of those sad examples where the few spoil things for the many :(
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Postby Apollo » Sat Feb 12, 2005 1:55 am

Sneaked in quietly, the final instalment of the Land Reform (Scotland) Act 2003 fell into place on Wednesday, 9th February 2005, closing the loop with the Scottish Outdoor Access Code from 1st July 2004.

References to all the documents can be found at http://www.ramblers.org.uk/scotland/acc ... nSOAC.html

Interestingly, Network Rail Scotland has not been slow in flexing its muscle, padlocking some Scottish level crossings (isolating some communitie from emergency service vehicles) and telling a private website http://www.undiscoveredscotland.co.uk/ not to include a reference to a path to Kilchurn Castle on Loch Awe in Argyll and Bute which crosses a railway line. The Scottish Code excludes raliways lines, while English crossings are usually established Rights of Way.

One other point I discovered, that may only apply to England hopefully, is that 4x4 and motorised vehicles can use paths and tracks if it can be shown that they were in use by horse & cart in the past. They'll make more mud than a mountain bike.
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Postby JYC » Sun May 29, 2005 9:45 pm

If you are ever unsure about an access issue, or want to report anything, just badger your local Access Officer, based in Planning Services.
The link below should let you know who they are, and it is fairly up to date.

http://www.snh.org.uk/scottish/strathay ... ssofficers
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Postby Apollo » Tue Jun 21, 2005 12:40 am

New (official) site appeared while I wasn't looking:

http://www.outdooraccess-scotland.com/default.asp

Features a geographical map based page for locating the relevant Access Officer in the event of problems.
Last edited by Apollo on Mon Aug 01, 2005 8:02 pm, edited 1 time in total.
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Postby evilheartedyou » Mon Aug 01, 2005 3:04 pm

very handy

*bookmarks*
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Postby crusty_bint » Wed Jun 13, 2007 9:45 pm

TommyDGNR8 wrote:Not strictly Glasgow, but of interest...

http://news.bbc.co.uk/1/hi/scotland/tay ... 746067.stm

Tycoon wins access law exemption

One of Scotland's richest women has won a landmark legal ruling to ban ramblers from entering the grounds of her Perthshire estate.

Stagecoach tycoon, Ann Gloag, had already angered walkers by erecting a fence around Kinfauns Castle estate.

The ruling at Perth Sheriff Court means she is the first private individual in Scotland to exempt her land from right-to-roam legislation.


Flash_Andy wrote:I widnae want tae be a gay rambler walking on her estate, she probably have you shot! ::):
F*ck why don't I like companies like Stagecoach and First? Screwing up transport worldwide, destroying competion and cutting services. Ah well Mrs Gloag, you sleep well in yer mansion with yer billions of pounds of profits. :x


onyirtodd wrote:Perhaps we're beginning to see the Souter family getting their money's worth from their 'donation' to the SNP.


More here


dave2 wrote:Nice theory but courts and government are two separate branches of our country. The sherif won;t change his mind just because of a new SNP executive.
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Postby Dexter St. Clair » Wed Jun 13, 2007 10:28 pm

It's no only politicians that are impressed by money and it's not only politicians who hold political views.
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Re:

Postby scotgio » Tue Mar 04, 2008 1:06 pm

dave2 wrote:Nice theory but courts and government are two separate branches of our country. The sherif won;t change his mind just because of a new SNP executive.
[/quote]

This has not necessarily always been the case.

Temporary Sheriffs (generally on a 12 month contract) where until quite recently directly appointed by the executive. Fortunately this has recently been subject to a successful challenge at the ECHR, being in conflict with article 6 of the European Convention, which guarantees the right to a fair trial. This obviously requires an independent judge.

http://news.bbc.co.uk/1/hi/scotland/514994.stm

This meant they could be sacked if the executive didn't agree with a decision! (in theory) The executive could choose not to renew their 12 month contract.

The traditional 'separation of powers' model (which I assume is being referred to by the original poster) has never been an accurate description of the UK anyway. The courts and government should actually be three branches, not two, the government being a combination of the executive and legislature.
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Re: Land Access in Scotland

Postby mrsam » Mon Aug 18, 2008 10:03 pm

crusty_bint wrote:
TommyDGNR8 wrote:Not strictly Glasgow, but of interest...

http://news.bbc.co.uk/1/hi/scotland/tay ... 746067.stm

Tycoon wins access law exemption

One of Scotland's richest women has won a landmark legal ruling to ban ramblers from entering the grounds of her Perthshire estate.

Stagecoach tycoon, Ann Gloag, had already angered walkers by erecting a fence around Kinfauns Castle estate.

The ruling at Perth Sheriff Court means she is the first private individual in Scotland to exempt her land from right-to-roam legislation.


Flash_Andy wrote:I widnae want tae be a gay rambler walking on her estate, she probably have you shot! ::):
F*ck why don't I like companies like Stagecoach and First? Screwing up transport worldwide, destroying competion and cutting services. Ah well Mrs Gloag, you sleep well in yer mansion with yer billions of pounds of profits. :x


onyirtodd wrote:Perhaps we're beginning to see the Souter family getting their money's worth from their 'donation' to the SNP.


More here


dave2 wrote:Nice theory but courts and government are two separate branches of our country. The sherif won;t change his mind just because of a new SNP executive.


Intersting....

Mr Snowie (Him of the recycling empire!) has just had a privacy request for his estate denied by Stirling Council :D :D

And the owner of Sauchieburn Estate (Mr Rodie I think) by me is in the midst of a fight by the locals to open up his estate and remove some of his barriers and fencing.

The Key Question in this debate is defineing the term 'Garden' roughly speaking you are allowed to denie access to your garden but not to other land. The problem with old estates and big hooses is that the formal gardens/parkland/environs may/may not be classed as garden. It's all very complicated.

Also
roads: a road/path in an above situation can only be classed as a right of way if
1) it goes from point A to point B (not just exists as a miandering track) where A and B are of significance (an estate enterance, farm, steading, or group of housing etc)
or
2) It has had proven regular extensive use over a set period of time (15 years rings a bell but don't quote me(Yes HH no means NO))

As I said Intersting

Sam
Hmmm I wonder what happens if i press that lever.... Ahh It operates that shiny new plug socket!

www..photobucket.com/albums/ll103/thecuriocollector

www..photobucket.com/albums/v195/tarbat2003
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Re: Land Access in Scotland

Postby mairead » Sun Aug 31, 2008 5:25 pm

You Know, I really believe that people should have the right to walk freely in Scotland (Not in everyone's wee garden though) but I don't know if ay of you are familiar withthe Mennock Pass.
I used to live near there but every summer, I was disgusted by the amount of litter which was left for the farmer to clear up at the end of the summer season. This area was very sparse for trees, but is now devoid of any, due to campers chopping down the few that were there for firewood.
Beer cans, Vomit, excrement, waste food and all sorts of rubbish, not to mention poly bags which the new lambs often try to ingest, are all left behind when the trippers go home.
The farmer put out large wooden bins a few years ago to take the camper's rubbish, and guess what, they used these for firewood too.
When you see sights like this it makes me wonder whether some folk should be allowed out without a keeper, honest it does, and I can empathise with landowners in these situations.
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Re: Land Access in Scotland

Postby Peetabix » Sun Aug 31, 2008 5:32 pm

I despise people that litter. Especially the nonchalant bawbags that just calmly chuck the crisp poke/can/fag packet off to the side without a care.

Arseholes. No need for it.
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Land Access in Scotland, not needed !!!!!

Postby Nosht » Sun Feb 01, 2009 12:12 pm

This new law has taken away the ancient freedom to walk anywhere that we all had & restricts us to certain approved areas if the landowner so chooses- ie. there was never a trespass law in Scotland.
Before this act I could, for example, if I wanted, set up camp in my neighbour's garden & legally he could do nothing about it; he would have had to go to High Court & obtain an injunction to prevent me doing this (on the sole grounds that I was destroying his property) & now I am advised which route to take.
We also now have more unnecessary & highly paid, Local Government Access Officers who liaise with landowners & other interested parties to try to restrict us to certain agreed pathways & routes.

Regards,

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Re: Land Access in Scotland

Postby BrigitDoon » Sun Feb 01, 2009 2:59 pm

I haven't got the hang of Scottish access laws yet.

I have Ordnance Survey maps and there don't appear to be public footpaths marked on them.

I grew up in England and I'm familiar enough with the laws there regarding public access to land. My dad used to be chairman of the parish footpaths committee and so we had chapter and verse on the law. We had a small acreage of our own with a public footpath running across it. We were also keen walkers...

This was rural Somerset and almost all of these paths ran through agricultural land with livestock on them. The law requires dog-walkers to keep their hounds on leads or "under close control". Livestock owners have the right to shoot dogs that are worrying their stock.

As a community we kept our 57 miles of footpaths maintained and viewed them as an asset; they're good for tourism. At the same time, the local farming community, so central to the local economy, were afforded some protection to carry on their business without the worry of neophytes and their dogs distressing their cattle and sheep.

One wouldn't be able to camp in the neighbours field without their permission. New Age travellers were viewed with suspicion. They'd fetch up on wasteland and while that in itself wasn't a problem, the things that would go missing certainly were.

We had a building site in Cheddar at one point and during the night, these people arrived on the land down the road. Two of our railway sleepers went missing (these were used to facilitate access to the site by large wagons delivering scalpings and half-inch-to-dust.)

When my dad went to investigate, he saw two railway sleepers on a bonfire and had a word in a very large policeman's ear. A large policeman bent the smaller ears of a few itinerant folk and we had our sleepers back.

I've seen both sides of the arrangement. I like to range free across the land but not so that I intrude on someone else's privacy. I wouldn't like it done to me.
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Re: Land Access in Scotland

Postby TeeHeeHee » Tue Mar 17, 2009 12:17 pm

............allowed to shoot..........
very early 60's, we, my older brother, younger sister and I, saw a "pups for sale" sign by a farm outside of Hamilton and went in to see them. They were all "taken" with the exception of the runt of the litter for which the farmer held little hope. We went back a few weeks later and he gave it, free, to us. We called him "Boots".
A year later we brought him, proudly, back to show the farmer how good he had turned out. Not your working dog of course but a real nice family pet.
Having parked up, my sister opened the car rear door and the wee dog was off heading toward the farm before she could stop him. He flew over the rise and then we heard the Bang.
Goodbye Boots.
The farm had been having trouble with dogs worrying stock in the recent time and the farmer's son and a lad were just coming back from trying to sort some out when we arrived.
My brother is a big quiet Christian lad, and I'll never forget the picture of him stood there with the dead dog in his arms and the look of "?" on every ones faces.
I wanted to comment , I was 15/16, but I couldn't; wouldn't have gone down well.
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Re: Land Access in Scotland

Postby BrigitDoon » Sat Apr 10, 2010 7:36 am

Get off my land! :evil:
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