Agendas, reports and minutes

Minutes of Meeting of the Ross and Cromarty Local Access Forum held in the Chamber, Council Offices, High Street, Dingwall on Wednesday 29 November 2017 at 2.00 pm

Present:    
Mr R Forrest
Mr G Adam
Mr S Campbell
Mr R Chalmers
Dr I Cockburn
Mr T Forrest
Mr N Chisholm
Mr F Fotheringham
Mr J MacKenzie
Mr H Munro

In Attendance:    
Mr P Waite, Access and Long Distance Route Manager, Development and Infrastructure Service
Miss J Green, Administrative Assistant, Chief Executive’s Office

Mr R Forrest in the Chair

1. Apologies for Absence

Apologies for absence were intimated on behalf of T Forrest. 

2. Confirmation of Minutes

There had been submitted for confirmation as a correct record the minutes of meeting of the Ross and Cromarty Local Access Forum held on 1 December 2016 which were APPROVED.

Matter Arising

In relation to the change of core path at Silverbridge, Garve, it was confirmed that the Forestry Commission had put in a new route and had taken on board the Forum’s suggestion to put in a new short link instead of keeping one existing link so that a loop was possible. In this regard, praise was expressed for the standard of the new route. 

3. Changes in the Highland Council Access Team and Local Access Forum Structure

The Access and Long Distance Route Manager provided an update on the changes to the Access Team and Local Access Forum structure during which he confirmed that a draft report was with Senior Management which outlined the benefits of retaining the existing Local Access Forum structure and the need for the same amount of Access Officer time. This report required Director approval otherwise a report on restructuring would be presented to a future Committee meeting. 

The Chair confirmed that following the last meeting he had emailed the Director of Development and Infrastructure and a number of Councillors but the lack of response had been disappointing.

During discussion:-

• confirmation was sought and received that the number of staff in the Access Team had remained the same. However their duties had changed;
• it was queried whether the transfer of the Ranger Service from Highland Council to High Life Highland would affect the level of input into access issues which had been provided by rangers. In response, it was explained that the Service Delivery Plan agreed with High Life Highland required that the same service would continue to be provided by the rangers and it specified that at least 20 days per year would be committed to dealing with access matters;
• confirmation was sought and received that the Access and Long Distance Route Manager would continue to liaise with the rangers;
• consideration was given to the advantages and disadvantages of recruiting part-time volunteer rangers with reference to the Loch Lomond and Trossachs National Park and the Cairngorms National Park;
• it was highlighted that it would be useful for the various ranger agencies to work together including land management agencies and private estate ranger services;
• it was queried whether the Cairngorm National Park Authority (CNPA) assisted with funding of Ranger Services. In response, it was confirmed that funding was no longer provided by the CNPA;
• an update was sought and received in relation to the prospect of increasing the number of Rangers now managed by the Outdoor Activities department of Highland Life Highland; and
• support was expressed for the draft report’s recommendation to retain the existing Local Access Forum structure.

Thereafter, the position was NOTED.

4. Access Issues Updates     

i. Rua Reidh, Gairloch

The Access and Long Distance Route Manager provided an update on Rua Reidh during which he outlined the ongoing access issues and attempts to resolve them mainly relating to the gate and signage and also possible legal action. He presented a map which showed the areas of ownership. 

During discussion, concerns were expressed in relation to the potential sale of the property and problems encountered when removing signage which was not permitted. In this regard, it was confirmed that consent had been given from the estate to remove signs on their land.

Furthermore, it was confirmed that a positive meeting had taken place between the Access and Long Distance Route Manager and the owners in April. However, the minutes of the meeting could not be agreed and therefore a resolution could not be reached. 

Finally, in relation to queries about sanctions for violating right to roam legislation, the Access and Long Distance Route Manager explained that it was difficult to prove that the accused intended to deter access which was the reason required in order to take action. He also provided information on a previous case where the Loch Lomond and Trossachs National Park Authority were successful in an appeal to uphold public access rights in the Drumlean Estate and he offered to circulate a summary of the useful points and a link to the full Court decision. 

Thereafter, the position was NOTED and it was AGREED that a summary of the useful points and a link to the full Court decision of the case relating to the Drumlean Estate be circulated to Members.

ii. Peffery Way – Strathpeffer – Dingwall

The Access and Long Distance Route Manager provided an update on Peffery Way during which he confirmed that the community group had 90% agreement from land owners to establish a route on the old railway line between Strathpeffer and Dingwall but there was one land owner who was strongly opposed. Several attempts had been made to reach an agreement including writing to the land owner, asking to meet, offering payment and seeking legal advice to consider a path order. 

Discussion took place on how to resolve the issue during which:-

• it was suggested that the route be diverted to avoid the disputed section of land but it was explained that this would not be possible because the terrain was too steep;
• it was queried who was the rightful owner of the disputed section;
• consideration was given to the potential of obtaining a path order;
• it was explained that it might be possible to designate the route as a core path following the review of the Wester Ross Core Paths Plan; and
• the benefits of a new cycle route for residents and tourists of Strathpeffer and Dingwall were highlighted.

Thereafter, the position was NOTED.

iii. Other Cases

Contin Munro Park Football Pitch Club

The Access and Long Distance Route Manager explained that the owners locked the football pitch due to issues with dog fouling. However, it was a condition of the lease that public access was permitted which the owners had now accepted. He advised the owners to approach the Council’s Dog Wardens for assistance. 

Pitlundie, Kilmure

The Access and Long Distance Route Manager explained that the new owners had blocked all the routes with gates and signs but these had since been removed. 

North Wilds, Tain 

The Access and Long Distance Route Manager explained that the homeowners were not happy with the proximity of the route which was used by horse riders. There was an unresolved dispute about whether or not there was right of way.

In discussion, confirmation was sought and received that right of way would allow horse riders and pedestrians to use the route and could be proven on the basis of traditional use if shown that it had been used by horse riders for 20 years or more.

Shandwick

The Access and Long Distance Route Manager explained that an area of open land used by residents to access the beach had been purchased with the intention to build a house. The claim that a right of way had been established for 20 years was unresolved.

It was commented that nearby areas of land which were sold were later found out to be sold by someone who was not the rightful owner.

Chanonry Crescent, Fortrose

The Access and Long Distance Route Manager explained that when the site had been developed an area had been reserved to link this development by a path to any new developments which was now used as an access route. The area of land had recently been purchased by a neighbouring property owner who had submitted a planning application for the change of use from amenity space to garden ground and erection of fencing. The Access and Long Distance Route Manager recommended that a 1.5m wide path should be retained and a path surface installed.

Thereafter, the position was NOTED.

5. National Access Forum Matters

The had been circulated for information the draft minutes of meeting of the National Access Forum held on 27 September 2017 and an update on the National Access Forum dated September 2017 which were NOTED. 

Discussion took place on issues raised at the National Access Forum during which:-

• recognition was given to the relationship between parking and access issues, particularly in popular mountaineering and hillwalking areas, which required consideration;
• the car park at Fyrish was given as a good example of facilities which had been upgraded to meet the need of users;
• it was suggested that people would be more inclined to use pay and display car parks if the revenue was used to improve paths and bridges but there was difficulties issuing tickets to people using the car park and going wild camping;
• concern was expressed in relation to the lack of suitable facilities on the North Coast 500 and other areas with specific reference to camper vans. In this regard, it was confirmed that the Council were aware of this problem and proposed to redevelop the site owned by VisitScotland by the Kessock Bridge into a camper van service point which would be used as a model to develop other commercial camper van service points in Highland;
• it was emphasised that communities and land owners needed to work together to develop suitable facilities for camper vans;
• the new car park at Torridon was welcomed;
• in relation to the increased number of tourists due to the popularity of the NC500, it was confirmed that it did not affect the way some estates were managed and there was no significant problems to report;
• it was queried whether the Council were putting up bus shelters and in response it was confirmed that there would be an information centre at the Braemar junction; and
• It was confirmed that mapping of core paths on Ordnance Survey (OS) maps had still not happened and it was felt it was unlikely because OS were backtracking.

Thereafter, the position was NOTED.

6. Exemption from Access Rights, S11 Land Reform (Scotland Act) 2003

i. Strathpuffer 2018 on 19-21 January 

The Access and Long Distance Route Manager highlighted that the time for exemption applied for had been extended by two hours for this year and had also been extended by two hours in the previous year. He presented a map which showed where the route avoided the core path and confirmed that the usual conditions for repairing damage would be in place.

The application for exemption was APPROVED.

ii. Snowman Rally 2018 on 10 February 

The Access and Long Distance Route Manager explained that there were five stages to the Snowman Rally, two of which were in the Ross and Cromarty area and that he had worked with the applicants to agree an area of exemption which would allow people to continue to use other areas of the forest. 

Concern was expressed in relation to the recent report into the deaths at similar events which found that there had been inadequate marshalling. In this regard, it was important that lessons had been learnt. 

The application for exemption was APPROVED.

7. The Highland Core Path Plan Review - West Highlands and Islands

The Access and Long Distance Route Manager provided an update on the progress being made with the Highland Core Path Plan Review for West Highland and Islands during which he explained that the review was delayed because he had been seconded to other duties during the last year and the Access Officers in Skye and Inverness now had the responsibility for Lochaber so needed time to become familiar with the area. He confirmed that consultation events had taken place on the draft consultation plan and it was intended to issue the final draft next year. He also advised that it was likely that the formal consultation for the Caithness and Sutherland Core Path Plan would begin on the 18 December 2017 until March 2018. Currently, work was being undertaken to collate the contact details of as many land owners as possible so that more effort could be made to notify land owners of potential changes. However it was recognised that it would be difficult to identity all land owners.

Following discussion of the proposed core paths, it was AGREED that a map showing the agreed core paths be circulated to Members.

In relation to concern expressed, it was also AGREED that the organisers of the Wilderness Challenge be approached regarding contributing financially to the maintenance of paths.

8. Any Other Business

The John O’Groats Trail

It was confirmed that work was in progress to develop a coastal walking route from Inverness to John O’Groats led by Jay Wilson. The project was welcomed in terms of the potential benefit to local B&B and hotel owners. However, there were concerns regarding the sustainability of the project. It was also suggested that the route would work well alongside the proposed Pictish Trail which had received LEADER funding. 

Right of Way - Fortrose

It was advised that there was a potential right of way dispute between Fortrose Harbour and the High Street and that the local Community Council intended to contact the Access and Long Distance Route Manager about this issue. 

Kiltearn Paths, Evanton

Recognition was given to the great effort of Evanton Community Trust to repair and reinstate the Kiltearn Paths. The Access and Long Distance Route Manager confirmed that he had been in contact with Iain Clark, Chair of Evanton Community Trust, and reported that benches and display panels would be put in along the path which was partly funded by the Postcode Lottery. 

Drove Stance, Ardross

It was reported that signs that some may find offensive were being put up by an access route to the forest which had been sold by the Forestry Commission. In this regard, concern was expressed that the Forestry Commission sometimes did not give proper consideration to ensure that access was maintained when selling areas of land.

Forestry Commission Representative

It was queried whether a representative from the Forestry Commission could be co-opted as a Member of the Forum. In response, it was explained that a representative would attend a meeting if invited in relation to a specific issue but that a request to attend all future meetings could be made. 

9. Date of Next Meeting 

It was NOTED that the next meeting would be arranged in due course and would likely be in the late spring or early summer and avoid school holidays.

The meeting finished at 4.20 pm.