Committees

Minutes of The Meeting of The Inverness and Nairn Local Access Forum held in the Chamber, Town House, Inverness on Wednesday 29 May 2013 at 2.00pm.

Chair:
John Duberley

Present:
Candy Cameron, Liz MacDonald, Fraser Parr, Liz Walsh, Hamish Wood

In Attendance:
Stewart Easthaugh

Minute
Rhona Moir

1.  Apologies

Hamish McBean

2.  Minutes of Local Access Forum – 17 April 2012

APPROVED with alteration:

• Item 2 – Matters Arising – Croftdu – relevant sentence to be amended to read “Gate now unlocked again with access available for horse riders”

Matters Arising

• Croftdhu – a report has been submitted to Highland Council Legal Services for advice
• Logie Wood – a possible resolution is in sight
• Lochloy – update given on efforts to establish whether there has been any history of charges being levied, particularly on horse access, and whether any conservation issues would arise from increased access.  It is important that full evidence is gathered prior to a decision on whether to take any legal action on outstanding obstacles/restrictions.  An official Access Code notice has now been posted on the gate, in consultation with the tenant
• Tomfat Woods – no progress – no response has been received
• Leys Castle – no progress – no response has been received.  Contact to be made with new owners

3.  Role, Responsibilities and Powers of the Access Forum

A membership pack was given to new members.  Attention was drawn to:

• relevant extracts from Scottish Natural Heritage’s “Local Access Forums: a guide to good practice”, with particular reference to the Forum’s statutory responsibilities and its role as a consultee
• the Forum’s various governance documents
• the Scottish Outdoor Access Code website
• the website of the Scottish Rights of Way & Access Society

Clarification was also given in relation to questions on the commonly-held belief that, traditionally, Scots Law had no law of trespass, with reference made to the Trespass (Scotland) Act 1865.

4.  New Chair

John Duberley intimated his intention to step down from his position as Chair on 31 May 2013, and from the Local Access Forum following its next meeting.

John Duberley, seconded by Liz MacDonald, moved that Candy Cameron (CC) be appointed as Chair with effect from 1 June 2013.  There being no other nominations, this was AGREED.

It was NOTED that nominations for the post of Vice Chair could be sought at a future meeting.

5.  Access Issues

• Kings Steps – debate to be held in Inverness Sheriff Court
• Cluanie Dam – the dam has been fenced off following a fatality.  There is no right of access to dams under the Land Reform (Scotland) Act 2003 and the number of closures may increase on safety grounds, such as the potential hazard of automatic water release
• Loch Ness Golf Club – Stewart Eastaugh (SE) is in discussion with the Club on keeping the gate unlocked to permit Core Path access
• Corrieyairack – tracks dug for installation of the Beauly-Denny transmission line, if left in place, could offer an alternative to restoration of the collapsed Melgarve Bridge, albeit involving a detour.  To be noted that vehicular access to the Corrieyairack is subject to Estate permission, rather than of right
• Corkscrew Road/Duntelchaig – SE to discuss with TEC Services the potential hazard of cattle straying on to roads from unenclosed land, here and elsewhere.

6.  Section 11 Access Exemptions

• Snowman Rally 2013 – an investigation into the death of a spectator is likely
• Stravaigers Lodge Gravel Sprint 2013 – update given
• RockNess 2013 – update given

7.  Public Rights of Way

A briefing was given on investigative processes used in relation to Right of Way issues, e.g. through the issue of questionnaires on use history.

• Cannich – Forum to view a disputed route in Cannich
• Kings Steps – a right of way claim has been added to the issues for consideration at proof – see item 5 above

8.  AOB

• Inverness West Link – CC expressed concern as to the apparent lack of provision for access users such as cyclists, walkers, etc., in the current West Link proposals.  SE drew attention to the current Highland Council consultation on the Pre-Planning Application for the Link, on which comments were being invited by 31 May 2013.  Fraser Parr pointed out that he could not take part in any discussion on this issue in light of the future role he might have in determination of any related planning application
• Torvean and Ness-side Development Brief – CC also drew attention to the planned housing developments at Ness-side and expressed disappointment that no provision seemed to be proposed for a dedicated access route between Scaniport and Inverness, separated from the main road, for walkers, cyclists, etc., particularly given that she believed current paths could be adapted as a potential basis for this.  Dores to Inverness would form a link in the proposed National Cycle Network Route 78; however, Sustrans policy favoured construction of a tarred route and she was concerned that this would damage the existing paths and disadvantage other users.  Hamish Wood suggested that CC seek to join the Route 78 Action Steering Group and contribute her views.  He undertook to identify a contact point for such an approach to be made
• Coastal Path Network: Nairn to Inverness – SE to bring an update report to the next meeting.

9.  Date of Next Meeting

1.00 p.m. on Tuesday, 10 September 2013, departing Highland Council Headquarters, Inverness, by mini-bus, to visit Cannich and other venues to be determined, and receive a report on the Coastal Trail.