Agendas, reports and minutes

Minutes of Meeting of the Sutherland Local Access Forum held in Ben More Assynt, Drummuie, Golspie on Wednesday 25 September 2013 at 2pm.

Present

Mr H B Field, Sutherland Walkers Group/Access User
Mr J Gall, Landowner/Crofter
Mr W G Johnston, Scottish Rights of Way Society/Access User
Mr M MacDougall, Forestry Commission
Mr J McGillivray, Councillor, Highland Council
Mr J Ross, Scottish Canoe Association/Access User

In Attendance

Mr G Duff, Countryside Ranger and Long Distance Route Manager, Highland Council
Mr M Dent, Access Officer, Highland Council
Ms A Macrae, Committee Administrator, Highland Council

1. Apologies for Absence

Apologies for absence were intimated on behalf of Mr G Farlow, Mr P Olson, and Mr W Sutherland.

2. Appointment of Chairman

On the motion of Mr B Field seconded by Mr J Ross, the Forum AGREED to appoint Mr W G Johnston as Chairman.

Thereafter, discussion focused on the Forum’s membership and the need to address the vacancies which existed particularly in regard to community groups and land managers. It was further noted that there were no women represented on the Forum or members from north or west Sutherland.

The Access Officer advised that the vacancies had recently been advertised in the Northern Times and that a copy of that advert would be circulated to community councils. He also advised that he would circulate details of the vacancies to community groups in Sutherland via their umbrella organisations i.e. Voluntary Groups – East Sutherland, and the North West Council of Voluntary Services, and also to the Sutherland Access Panel.

Discussion also followed on the land manager vacancies and potential opportunities and candidates in this regard.

Thereafter, the Chair suggested that Members also advise the Access Officer if they had any further suggestions in regard to potential applicants for any of the vacancies.

Following further discussion, the Forum AGREED to the actions outlined by the Access Officer in regard to the existing vacancies on the Forum.

3. Appointment of Vice Chairman

Mr J McGillivray seconded by Mr J Gall moved that Mr J Ross be appointed as Vice Chairman.

Mr W Johnston seconded by Mr M MacDougall moved that Mr B Field be appointed as Vice Chairman.

Following a show of hands, Mr J Ross was appointed as Vice Chairman.

4. Minute of Meeting of 16 May 2013 and Matters Arising

The Minute of Meeting of 16 May 2013, a copy of which had been circulated with the agenda, was APPROVED.

Arising from the Minute, and during discussion the Access Officer confirmed that he would check to ensure that all Members had a complete set of publications relevant to the Forum. He also confirmed his intention to provide an update report between meetings to keep Members informed of activities and any issues arising.

In discussion it was suggested that the report include information on the level of activity and issues arising under the specific categories of activity covered by the Access Officer. It was further suggested that the report include any issues of strategic importance, those involving a point of principle, or any issues causing the Access Officer significant difficulty.

Following on from the above, it was noted that the National Access Forum/Local Access Forum joint meeting was to be held in November 2013, the exact date to be confirmed. Mr B Field advised that, subject to availability, he would seek to attend the meeting.

The Forum AGREED that details of the National Access Forum/Local Access Forum joint meeting be forwarded to Mr B Field.

Following on from the above the Access Officer gave an update on the following matters:-

Alladale Estate

The Access Officer reported that on his last visit to Alladale there had been no issues regarding the obstruction of any access rights on the Estate in terms of locked gates, signage etc.

Tutuim Bridge

It was reported that to date ownership of the bridge had not been established and reference was made to the problem this created for community groups in securing funding and carrying out repairs to the bridge. It was confirmed that the bridge, which was a listed building, remained closed and that the Council had posted a ‘dangerous building’ notice at the site. The Access Officer advised that as part of the process to serve the Notice he had undertaken an initial search on the property but that this had failed to confirm ownership.

In discussion it was explained that the Council had confirmed there was no available funding to repair the bridge. Reference was also made in regard to the resourcing issues of having a full property search undertaken on the subjects. It was also suggested that the indications from previous works carried out to the bridge was that it was owned by a local Estate.

Thereafter, the Access Officer advised that no complaints had been received or any approach received from local community councils in regard to access rights over the Tutuim Bridge. It was also noted that the bridge was not a core path and it was suggested that the main users would be clients of the Estate in connection with their fishing interests.

Following further discussion, it was AGREED that the Chair contact Ardgay Community Council to confirm whether the general public use the bridge, and report back to the Forum.

The Access Officer confirmed that he would provide the Chair with copies of the searches carried out to date, if required.

Rispond Estate

It was confirmed that while Rispond Estate continued to be in the same ownership, the property and village at Rispond had changed hands and was now in private ownership. The Access Officer confirmed that no fresh access issues had been reported in regard to the ‘no access’ sign at the end of the public road, following the change of ownership.

Mr B Field confirmed that he would check on the status of the sign during his next visit to the area.

Finally under this item the Access Officer confirmed that he would circulate the Forum with contact details for the Council’s TEC Services Education Officer.

5. Review of Work of Access Officer

The Access Officer reported on the following issues:-

Ardgay Hill

This issue related to a fence which had been erected over a core path. Negotiations had been ongoing with the land manager for a period of time but it had not been possible to find an acceptable resolution to the problem. The Access Officer reported that subject to confirmation of support from Ardgay Community Council, he intended to bring this matter to the next meeting of the Forum, if the matter could not be resolved beforehand.

Camore Wood, Dornoch

This related to a long standing issue in relation to the obstruction of an access into Camore Wood, caused by a locked gate erected by the landowner. It was reported that there was an alternative access but that this had not been constructed to the same standard as the original access. The condition of the alternative access had also deteriorated through use.

The Access Officer reported that discussions had been held with a neighbouring land owner and a solution found whereby a second gate would be erected nearby to provide access, and that response to this proposal was now awaited from the landowner.

Dalmore, Rogart

It was reported that this issue related to an enquiry about the provision of an alternative access near to a property in the Dalmore area of Rogart which linked in to a core path. The Access Officer reported that the information received to date suggested a possible public right of way but there was is insufficient evidence for the council to support a claim. He further advised that a broader public interest had to be demonstrated in respect of the provision of an alternative access.

The Forum NOTED the position in regard to the above access issues.

6. Core Path Plan Review

The Access Officer provided an update on the process for the Core Path Plan review. He advised that this was being linked into the review of the Caithness and Sutherland Local Development Plan. He advised that although the Core Path Plan had been adopted for a period of two years, consultation on the Plan was now 5/6 years old.

In this regard he had circulated a copy of a letter that had been circulated widely to interested parties such as community councils, land owners, grazings clerks and other groups and organisations in the area.

He reported that the review aimed to:-

• improve connectivity of the current plan by utilising existing routes;
• ensure current core paths could be used, at minimum standard of pedestrian use, by the general public;
• review mapping of existing plan to identify change(s) of line of routes or identify where routes have been upgraded or new routes had been constructed; and,
• work with Local Development Plan team to identify new routes within Settlement Development Areas (SDA), particularly those associated with a specific site in the SDA. These routes could be aspirational.

In response to a question the Access Officer suggested that in his opinion only those routes which were recommended for change or review should be subject to consultation. However, he advised that neither Scottish Government guidance or the Land Reform Act was clear on this issue. He also clarified that as part of the full consultation on the new draft Core Path Plan, parties could object to the proposed removal of a path, and if that objection could not be resolved then the matter would be referred to Scottish Ministers.

The Access Officer further reported that once comments had been received in response to the above initial consultation, he would undertake a desktop review of the Plan before coming back to the Forum. He also requested that individual members review the existing Core Path Plan for Sutherland in the context of the criteria listed above and submit comments back by mid December 2013, so that responses could be collated ahead of the next meeting.

Thereafter the Access Officer reported that he would be attending the drop in events for the public and interested parties being organised by the Council’s Development Plans Team and scheduled to be held in 2014.

The Forum AGREED that members review the existing Core Path Plan for Sutherland in the context of the criteria listed above and submit comments back to the Access Officer by mid December 2013, to allow responses to be collated ahead of the next meeting.

7. Date of Next Meeting

The Forum AGREED that the next meeting be held on Wednesday 29 January 2013 at 2pm.

The meeting ended at 3.50pm.