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Access & Conservation Glossary

The MCofS Access and Conservation work covers a broad range of topics in significant depth, requiring an understanding of both access and conservation legislation, regulations, organisations and procedures. To help understand what we do, and how we do it, below is a glossary of commonly used terms that will help in understanding consultation and planning case responses, as well as other areas of our work.

Term

Commonly used abbreviation

Definition

Access Authority

This is the body that has duties and responsibilities under the Land Reform (Scotland) Act 2003 to uphold access rights. This lies with the local authority or national park authority, where relevant.

Access & Conservation Action Plan

The action plan is designed to ensure the rapid assimilation and implementation of the A&C Strategy and to support its full implementation.

Access & Conservation Director

Member of the MCofS Board with responsibility for A&C Strategy input and as defined in the A&C Action Plan.

Access & Conservation Officer

A&CO

Member of staff responsible for the implementation of the action plan and resultant operational plan.

Access & Conservation Strategy

Approved by the MCofS Board in October 2011, the principal goal of the current MCofS strategy is to ensure that major wind farm developments do not encroach on the most significant mountain areas. We recognise that other parts of Scotland also have high scenic and recreational value and where appropriate, we will work with other bodies to limit intrusive wind farm developments in these areas.

Access & Conservation Trust

ACT

ACT is administered by the BMC. It aims to promote sustainable access to cliffs, mountains and open countryside by facilitating education and conservation projects across the United Kingdom and Ireland. More information is available here.

Biodiversity

All living organisms and the interactions between them, and habitats on which they depend.

Birds Directive

This European Directive provides a framework for the conservation and management of, and human interactions with, wild birds in Europe. In Scotland, the provisions of the Birds Directive are implemented primarily through the Wildlife & Countryside Act 1981 (as amended), the Conservation (Natural Habitats, & c.) Regulations 2010 (as amended, for reserved matters ) and the Conservation (Natural Habitats, &c.) Regulations 1994.

British Mountaineering Council

BMC

This is the MCofS equivalent in England and Wales.

Byelaw

Byelaws may be used to restrict or regulate particular public rights in specific areas. They have legislative force and carry criminal sanctions.

Cairngorm Outdoor Access Trust

COAT

A charity promoting sustainable access to the Cairngorms area, and management of the resource.

Consents Unit

The Scottish Government Department that administers consultations on renewable energy developments over a capacity of 50MW.

Core Path

These form a network of statutory routes across Scotland that access authorities are required to map. They are primarily designed to provide access between, on the edge of or within settlements, but a few are on more remote areas.

Curtilage

Land around a building and closely associated with it that is often managed and enclosed. This area is outwith access rights to offer privacy, but also applies to non-residential buildings, but also temporary structures like tents.

Devolved Powers

These are powers that were transferred from the UK Government to the Scottish Government. A list is available here.

Environmental Impact Assessment

EIA

This is an assessment of the possible positive or negative impact that a proposed project may have on the environment, together consisting of the natural, social and economic aspects. This will include many planning developments. EIAs are required in specific circumstances. More detail is available here.

European Landscape Convention

ELC

The ELC promotes the protection, management and planning of European landscapes and organises European co-operation on landscape issues. It is very non-specific. More information is available here.

Feed-in Tariff

FIT

FIT indicate the level of payment per kilowatt paid to electricity producers. FITs apply to small scale producers, not generally engaged in the energy market and with a capacity of less than 5MW.

Forestry Commission Scotland

FCS

The FCS is a statutory body that acts as the forestry directorate of the Scottish Government, advising on and implementing forestry policy and managing the national forest estate.

General Permitted Development Order

GPDO

The regulations contained in the GPDO cover a wide range of development, and effectively allow certain developments to be automatically permitted without a planning application and consequential scrutiny. This includes many hill tracks. The legislation can be read here.

Habitats Directive

The main aim of the Habitats Directive is to promote the maintenance of biodiversity by requiring Member States to take measures to maintain or restore natural habitats and wild species listed on the Annexes to the Directive at a favourable conservation status, introducing robust protection for those habitats and species of European importance. In Scotland the Habitats Directive is transposed through a combination of the Conservation (Natural Habitats, & c.) Regulations 2010 (as amended, for reserved matters) and the Conservation (Natural Habitats, &c.) Regulations 1994.

Heading for the Scottish Hills website

HFTSH

This is a, currently pilot, web servicewhichaims to build on Hillphones by providing online access to stalking activity contacts where there are potential conflicts with access. Where possible, stalking interests provide dates and locations of stalking.

Henry Hindmarch Access & Conservation Trust

HHACT

The MCofS administers this Trust, which was set up to help ensure access to, and the conservation of, the hills Henry Hindmarch had a life-long passion for. Through this fund the Stac Pollaidh pathis managed. Please consider making a donation to help the work of this registered charity.

Hillphones

This is an answerphone service that provides information about stag stalking activities and suggested routes which will minimise disturbance. It has been developed to an online service called HFTSH.

Land Reform (Scotland) Act 2003

The legislation that, in Part 1, provides for access rights when exercised responsibly at most land and inland water in Scotland.

Landscape

The appearance of the land that is the result of the interaction of innumerable and often extremely complex natural and human influences.

Local Access Forum

LAF

These have a statutory status through the Land Reform (Scotland) Act 2003 and cover every part of Scotland, with representatives from community, recreation and land owning interests. They advise on and help to resolve local access issues, and can be contacted through the relevant local Access Officers for the relevant area.

Local Development Plan

LDP

LDPs exist for every council area and express the local strategic level planning policy. They are the local application of the SPP and the NPF. Decisions on individual planning applications are dictated by the LDP, but see the term ‘material consideration.’

Local Review

If planning applications for certain developments (generally smaller ones) is refused, granted subject to conditions or where no decision is made within the specified time limit, the applicant has the right to a review by elected members of the planning authority not involved in the original application. There is no third party right of review e.g. for objectors. For larger developments, see Planning Appeal.

Main Issues Report

MIR

This is an early stage of an LDP consultation. The MIR sets out the issues the planning authority believe are the main topics that the LDP should address, and outlines how the final LDP is likely to look.

Material Consideration

Planning authority decisions on a planning application must be made in accordance with the LDP, unless material considerations indicate otherwise. A consideration (issue) is material when it is both (1) related to the purpose of the development and use of land, and (2) fairly and reasonably related to the particular application

Mines & Quarries Act 1954

This legislation defines the responsibilities of mine and quarry owners, and applies even when they are no longer worked. This can have access implications of climbing in quarries.

Mountaineering Ireland

MI

The MCofS equivalent in Ireland, covering both the Republic and Northern Ireland.

National Access Forum

NAF

The NAF is convened by SNH to advise on national issues linked to Scottish access rights. It is not a “higher court” for local access issues.

National Park

National parks are extensive areas of the very highest value to the nation for their scenery and wildlife, and their cultural heritage value. They provide positive management and additional resources to safeguard these areas special qualities for the long term. They also provide opportunities for the public to enjoy the special natural and cultural heritage.There are currently 2 in Scotland.

National Park Authority

The purpose of a National Park Authority is to ensure that the National Park aims as set out in the National Parks (Scotland) Act 2000 are collectively achieved in a co-ordinated way.

National Park Plan

These are high level strategic plans for each national park providing the context for the LDP for the area.

National Parks (Scotland) Act 2000

The legislation in Scotland that allowed for the establishment of National Parks in Scotland.

National Planning Framework 2

NPF2

The contextual and spatial high level planning policy expressing general direction for planning across Scotland, plus a number of National Developments considered vital for Scotland. The NPF2 greatly influences the content of the SPP.

National Scenic Area

NSA

NSAs are designated for their outstanding scenery, and said to represent Scotland's finest landscapes of all types. They have limited protection.

Nature Conservation (Scotland) Act 2004

This amended the Wildlife & Countryside Act 1981 after devolution and introduced extra penalties and offences for damage and disturbance.

Occupiers Liability (Scotland) Act 1960

Land owners have some liability for incidents that happen on their land that could have been foreseen. This does not apply to natural hazards or where an access user knowingly takes a risk, such as when enjoying hill walking or climbing. The text can be read here.

Operational Plan

An internal MCofS document which details staff work plans and key targets for a given financial year, and which forms the basis of the MCofS annual budget. In the case of A&C, it will reflect the requirements of the A&C Action Plan.

Path

A route that may be surfaced or unsurfaced and is suitable for non-motorised access only, although may not be exclusively used by this mode.

Permitted Development Rights

Rights established under the GPDO.

Petition

This is a proposal or statement that is open for signatory to express support. These are often now done online and the Scottish Parliament offer an online petition system, but this is restrictive as, if subsequently considered by parliamentarians, only the narrow issue raised in the wording of the petition can be considered.

Planning Appeal

If planning applications for certain developments (generally larger ones) is refused, granted subject to conditions or where no decision is made within the specified time limit, the applicant has the right to appeal to Scottish Ministers. There is no third party right of appeal e.g. for objectors. For smaller developments, see Local Review.

Planning Authority

The public body that administers the planning system in that area. This will either be the local council of national park authority.

Planning Enforcement Charter

This is a guide to how planning regulations may be enforced. The text is available here.

Planning etc (Scotland) Act 2006

This legislation introduced new structures and procedures for implementing planning policy in Scotland such as through a new NPF and LDPs.

Public Local Inquiry

PLI

Most appeals are dealt with by means of the written submissions procedure without the need to convene a public local inquiry, however those lodging an appeal, and planning authorities, have a statutory right to be heard. PLIs do not apply to individual planning applications.

Renewable Energy Association

REA

The Renewable Energy Association represents renewable energy producers and promotes the use of all forms of renewable energy in the UK.

Renewables Obligation (Scotland) Order 2009

ROS

This Order, along with the amending Renewables Obligation (Scotland) Amendment Order 2010, defines the levels of support, in the form of Renewable Obligation Certificate (ROC) bands, which should be available for different forms of eligible renewable electricity generation. The ROS is a primary mechanism for delivering the Scottish Government’s renewables policy, and its target as set out in the Renewables Routemap, and available here.

Renewables Obligation Certificate

ROC

ROCs support the deployment of large-scale renewable schemes including hydro and wind farms. The government, through the Renewables Obligation (Scotland) Order 2009 obligates licensed electricity producers to source a certain proportion of their electricity from renewables sources. The RO was designed as a market mechanism to increase the uptake of renewables: ROCs have increased the profitability of renewable energy generation as the certificates have an additional value over and above the price of electricity itself. More information is available here.

Reserved Powers

These are Government powers that remain with the UK Government despite devolution. More information is available here.

Right of Way

RoW

A RoW become established through a history of public use, and fulfils a list of common law requirements. The Scottish Rights of Way Society has expertise with more information available here.

Sandford Principle

National parks in Scotland have 4 basic aims covering conservation, sustainable resource use, understanding / enjoyment and social / economic development. In the event that there is conflict between the aims that cannot be resolved, the first is to take a higher priority.

Schedule 1 Species

This is an annex of the Wildlife & Countryside Act 1981 listing bird species with greater protection. Some species are of particular interest to mountaineers such as cliff nesting birds that may affect climbing access and high altitude ground nesting birds that may affect walking access.

Schedule 5 & 6 Species

This is an annex of the Wildlife & Countryside Act 1981 listing animal species with greater protection.

Schedule 8 species

This is an annex of the Wildlife & Countryside Act 1981 listing plant species with greater protection.

Scoping

This is an early stage of a planning application. The topics to be assessed in the environmental assessment are discussed and decided at this stage.

Scottish Environment Link

LINK

LINK is the forum for Scotland's voluntary environment organisations. It hasover 30 member bodies representing awide rangeof environmental interests with the common goal of contributing to a more environmentally sustainable society. More details are available here.

Scottish Land Use Strategy

The Strategy was produced by the Scottish Government in 2011 as part of the Climate Change (Scotland) Act 2009 and is a context-setting document rather than providing specific goals and actions. The text is available here.

Scottish Natural Heritage

SNH

SNH is a non-departmental government body that promotes care for nature and has a statutory role in such areas a monitoring nature reserves and responding to developments.

Scottish Outdoor Access Code

SOAC (the Code)

Access rights and responsibilities are explained in the Scottish Outdoor Access Code.

Scottish Planning Policy

SPP

The SPP expresses the planning policy for Scotland. The content of the SPP depends upon the NPF (bookmark) and largely dictates the content of LDPs (bookmark). The text is available here.

Scottish Rural Development Programme

SRDP

The SRDP is a programme of economic, environmental and social measures, utilising some €680m of European Agricultural Fund for Rural Development funding plus Scottish Government match funding. The programme is designed to support rural Scotland from 2007 to 2013. Funding helps deliver the Government's strategic objectives in rural Scotland.

Site of Special Scientific Interest

SSSI

SSSIs are those areas of land and water (to theseaward limits of local authority areas) that are designated as conservation areas for their diversityofplants, animals and habitats, rocks and landforms, or a combination of such natural features. Only the features for which the site was designated are protected to any extent, and this is not absolute.

Special Area of Conservation

SAC

SACs are designated for habitats and non-bird species under the European Habitats Directive, and have greater protection than SSSI.

Special Protection Area

SPA

SPAs are designated for rare, threatened or vulnerable bird species and also for regularly occurring migratory species, under the European Birds Directive , and have greater protection than SSSI.

Stalking

This is the activity of shooting deer. This is done for a wide range of purposes including sport and grazing / browsing control. Red Deer stag stalking is from 1st July to 10th October and Red Deer hind stalking is from 21st October to 15th February.

Statutory body or organisation

This is an organisation or body that has been created through statute i.e. is written into law.

Strategic Environmental Assessment

SEA

SEA is a process to ensure that significant environmental effects arising from policies, plans and programmes are identified, assessed, mitigated, communicated to decision-makers, monitored and that opportunities for public involvement are provided.

Structure Plan

Structure Plans are at a higher level of strategic planning than Local Development Plans . Only some areas of Scotland have these, particularly those of high population density.

Supplementary Planning Guidance

SPG

SPGs provide greater details on the policies in an areas LDPs, and structure plans, where they exist.

Track (hill)

A route that is usually surfaced to accommodate vehicular access.

Visual Amenity

Visual amenity is the effects on people of the visual enjoyment of an area.

Wild Land

Land that expresses wild quality.

Wilderness

An area of land, usually very large, that has a natural and unmodified landscape and wildlife. There is said to be no wilderness in Scotland.

Wildlife & Countryside Act 1981

This is the basis for wildlife conservation in the whole UK.

Wildness

The perception or feeling of a place as wild.