Outdoor access

Exemption and Access Orders

Exemption Orders

Where an outdoor event may affect the public taking access in that locality, an exemption order may be required from us to exempt that area of land for the duration of the event and possibly periods immediately before and after the event.

We can exempt areas of land from access rights for short periods of time to enable admission charges for events such as sporting events, Highland games or fetes or for other reasons such as public safety or security.

Not all events require an exemption order. If the event is unlikely to obstruct a known public access route a temporary advisory note or diversion could divert people around the area without causing significant inconvenience. You should consider how serious the risk of non payment is likely to be as it may be possible to manage admission by charging for parking, a programme or some other service.

Rights of way are not covered by exemption orders.

People normally show respect for short term events such as open air weddings or funeral services and a public access exemption should not be necessary.

Current Exemption Orders

The Highland Council order (Fyrish path and Car Park) 2024

Notice is hereby given under section 11(9) of the Land Reform (Scotland) Act 2003 ("the Act") that on 16 May 2024 the Highland Council made The Highland Council (Fyrish Path & Car Park, Novar Estate) Order 2024 ("the Order") under section 11(1) of the Act.

The effect of the Order is to exempt land at Cnoc Fyrish on Novar Estate, near Alness, Ross & Cromarty from the access rights which would otherwise be exercisable in respect of the land by virtue of Part 1 of the Act. with the exception of Public Rights of Way (PROW) which cannot be exempted from access rights. A map of the exempted route, can be viewed at Council Offices, High Street, Dingwall, IV15 9QN during the hours of 1330 and 1630, Mondays to Fridays or on the Highland Council website at  www.highland.gov.uk- search - 'Access Exemptions'

The purpose for which the Order is being proposed is to film a TV series and all purposes related thereto including privacy, safety and security of personnel and equipment.

The Order will take effect from 7:00am on Thursday 23 May until 9:00pm on Friday 24 May 2024 and 7:00am until 9:00pm on Monday 17 June 2024.  

Stewart D Fraser

When you need to apply

Short term exemptions, which takes 5 days or less, should be submitted at least 3 months prior to the event start date. Repeat applications where there are no significant changes may be submitted at least 6 weeks in advance. 

Long term exemptions, anything over 5 days, should only be made after informal discussion with an Access Officer and applications received at least 6 months before the start date of the event. Orders for longer than 5 days can only be confirmed by Scottish Ministers, who may hold an inquiry to consider any unresolved objections.

• Exemption Order Guidance and Application Form (PDF Document)
• Exemption Order Application Form (Word Document)
• Current and Previous Exemption Orders

Access Orders

A Local Authority may use compulsory powers to delineate paths on land in respect of which access rights exercisable. A local authority, where they consider it impracticable to delineate a path by agreement under section 21 of the Act, may make an order (a 'path order') delineating it under section 22 of the Act. The local authority may make a path order only if they consider, having regard to the rights and interests of the owner of the land over which the proposed path passes and persons likely to exercise access rights on or over the land, it appropriate to do so.

The Highland Council (The Peffery Way at Mill Street, Dingwall) Path Order 2021

The Highland Council (The Peffery Way at Mill Street, Dingwall) Path Order 2021 was confirmed by Scottish Ministers on the 31 January 2023.

Confirmation Letter from Scottish Ministers

Copy of The Highland Council (The Peffery Way at Mill Street, Dingwall) Path Order 2021