ACCESS & CONSERVATION NEWS
Statutory Access Rights:
By Mike Dales
Going Live
By February 9th the new rights of access should be in place. There is some last minute uncertainty as we go to press, as the Scottish Executive Guidance for Local and National Park Authorities has run into a problem, although it is unlikely that this will lead to a delay.
This will mark a major turning point in the MCofS’s access work. Prior to the incoming Labour government’s commitment to change Scottish access legislation in 1997 our access work was mainly reactive, resolving disputes on a case by case basis, but as the legislative process got underway our priority turned to the proactive task of working with the new Parliament to influence the legislation process. Now our work is likely to switch back to being reactive, but whereas in the past we often found we were trying to resolve access disputes with no support, we should now have the assistance of local authorities with their access officers and duties to uphold access rights to act on reports of incidents in their areas.
It is widely accepted that the main priority area for public investment will be low ground access around communities and this may well dominate the National Access Forum’s work programme for at least the next two or three years, but there are still plenty of upland issues to be considered and the MCofS will be pushing to have our concerns raised and to ensure that the introduction of the new statutory rights does make a real difference on the ground.
The MCofS urges everyone who goes to the hills and crags for their work or pleasure to familiarise themselves with the Scottish Outdoor Access Code. Copies of the Code should be widely available as soon as the new system goes live, and can be ordered over the phone by calling SNH’s Publications Section at their Battleby Office on 01738 444 177 and asking for ‘Publications’. Alternatively, download the Code from: www.outdooraccess-scotland.com.
Getting Rid of Outdated Access Signs
One of the benefits we hope the new access system will deliver is the removal of obstructive, misleading and antagonistic signs. There should, in time, be a change in emphasis towards more sensitive use of signs to inform and guide, and whilst the effect may not be immediate we believe it should eventually lead to the situation where signs are generally respected and followed.
If outdated signs that do not comply with the spirit of the new legislation are to be banished from our countryside it is important that they be reported. Such reports can be sent directly to the local authority access officer, or to the MCofS by using the on-line Access Problem Reporting Form on our website.
Walkers & Climbers needed for Local Access Forums
A key element of the new access arrangements is for every local and national park authority to set up a local access forum. The MCofS has nominated a number of people for these over the last few months, but there are still a lot of areas where we are looking for someone to represent our interest, and other areas where we will be searching for someone in the next few months. If you are interested in helping us out on the local access forum in your area, then please get in touch with the MCofS office to express your interest.
Walking With Cattle
One of the pleasures of walking in the countryside is seeing animals, be they big or small, wild or domestic. Farm animals may not be as elusive as the pine marten or otter, but highland cattle, sheep and wild boar are a part of our rural scenery and seeing them can add to the enjoyment of a day out.
Whilst it is generally good advice not to touch farm animals, there are exceptions like turning a sheep over the right way when it has become stuck on its back. But sometimes the animals show an interest in us, and most of us will recall cattle or horses taking a closer look at what we were doing, and this can become an issue.
Mostly they will back away or maybe just take a mischievous sniff, but there are times when they can act aggressively and turn a pleasant stroll into a frightening experience. Many landowners are concerned about the new statutory rights giving increased opportunities for the public to be in fields containing livestock, but the reality is that walkers have crossed livestock fields under the old access system for many years.
The introduction of statutory access rights is being promoted in conjunction with a strong emphasis on education and responsibility on all parties, and the Scottish Outdoor Access Code contains useful advice like warning of the dangers of cows with calves and recommends keeping a dog on a short lead or under close control when in a field containing farm animals. However, the advice concerning dogs in livestock fields goes on to suggest letting the dog go and taking the shortest and safest route out of the field if cattle react aggressively.
The issue of cattle putting walkers in danger has been highlighted to us recently following two of our members having an incident with aggressive Highland Cows on a right of way. This was in a field where there had been a fatal accident involving a walker the previous year, so it is of some concern that lessons appeared to have not been learned. Respecting farm animals is a part of good recreational practice, so it is wise for all of us to read the advice in the Code and to be more aware of the potential dangers.
Bob Reid – National Access Forum Convener
Former MCofS President (1990 to 1994), Bob Reid, has been elected to the position of National Access Forum Convener.
Bob is the only person to have represented two different bodies from two different sectors on the Forum. He was the MCofS’s representative in the early years of the Forum, and more recently, through his work for Grampian Regional Council and then Aberdeen City Council, was the Convention of Scottish Local Authorities (CoSLA) representative throughout the long run-in to the enactment of the Land Reform Act from 1995 to 2004. Previous conveners have been Magnus Magnusson, Roger Wheater and Jeremy Rowan-Robinson.
The National Access Forum began in the early nineties following the signing of the Letterewe Accord (for which Bob, as MCofS President, was involved in negotiations). Bob was invited to a meeting with SNH and a landowning representative to discuss the issue of conflict between hillwalkers and deer managers. That meeting led to the formation of a National Access Forum and the rest, as they say, is history.
The MCofS nominated Bob Reid for the Convener’s role because we believe that he has a wide range of countryside access management experience that few others would be capable of matching. He has considerable experience of upland access work from his time with the MCofS, along with his knowledge of low ground access issues from his local authority work and his interest in land management issues and stalking that have developed through his involvement in the NTS Mar Lodge Management Group. And of course he is an active climber and walker.
Bill Wright – Rural Scotland
Another mountaineer in a new position is Bill Wright. A former BMC Access and Conservation Officer, and for the last few years the Campaigns Officer with the Cairngorms Campaign, Bill has recently taken up the post of Director with Rural Scotland, formerly known as the Association for the Protection of Rural Scotland.
Bill has worked on numerous Scottish mountain related issues over the years, and will no doubt continue to do so in his new role, so he is a well known face in the MCofS office and has lent his support to us on many of the big issues we have been involved in. The Rural Scotland website can be found at: www.aprs.org.uk.
2000 Lewis Wind Factory Objections
The MCofS joined over 2000 other concerned bodies and individuals in objecting to the proposed wind factory on Barvas Moor on the Isle of Lewis.
AMEC and British Energy have applied to construct a 234-turbine wind factory on peatlands in the north of Lewis. The height of each turbine would measure 140 metres from ground to tip, and the proposal also includes 167 kilometres of roads to be constructed.
As well as our concerns on the impact the development would have on a unique habitat and landscape; the MCofS is also concerned about the consequences for the other areas that would be affected as a result of this factory if it went ahead. The proposals for an Ullapool to Beauly transmission line are inextricably linked to the Lewis wind plans. We do not believe the large-scale wind factory proposals are right for Lewis and we feel that the mainland transmission element of the plan makes the whole project even more objectionable.
Snapshots
The following is a list of additional Access and Conservation activities that the MCofS has been involved in over the past three months. Unless stated otherwise, Mike Dales has been the officer involved in these issues and meetings.
- Letter on wind power printed in The Scotsman on 25th November.
- Attended a second meeting with Network Rail on level crossings issue.
- Spoke at the Friends of the Ochils AGM.
- Appeared on Radio Scotland’s Grassroots programme.
- Chaired the annual Hillphones Review Meeting.
- Interviewed as part of Scottish Executive Review of SNH.
- Attended launch of SRPBA Access Guidance & interviewed for Radio Scotland.
- Worked with MSPs on Justice 1 committee to improve wording of Local Authority Guidance document.
- A review of current path conditions on paths entered in the 1996 and 1997 BUFT Awards by Mike Newbury.
