Minute of Meeting of the Sutherland Local Access Forum held in Lairg Community Centre, Lairg on Tuesday 7 February 2006 at 2.00pm
Present
D Allan, Highland Councillor
W Beattie, Forestry Commission
H B Field, Sutherland Walkers Group and Sports Council
J Gall, Landowner/Crofter
W G Johnstone, Access User
M Macpherson, Assynt Mountain Rescue Team
I Mitchell, Scottish Natural Heritage
S Pocock, Forestry Commission
J Ross, East Sutherland Canoe Club
W Sutherland, Crofter
C Whealing, Estate Manager, Sutherland Estates
A Wood, Scourie Community Council
In Attendance
G Robson, Head of Environment, Highland Council
L O’Neill, Area Administrator, Highland Council
M Dent, Access Officer, Highland Council
A Sutherland, Access Officer
A Macrae, Administrator, Highland Council
1. Apologies for Absence
Apologies for absence were intimated from Councillor F Keith and A Streeter-Smith, Paths for All Partnership
Arising from this item, W Greer Johnson stated that due to the late circulation of the agenda for the last meeting, he had been away from home and unaware the meeting was taking place.
This was NOTED.
2. Minute of Meeting of 6 December 2005
The Minute of Meeting of 6 December was approved subject to Page 3, Item 4, paragraph 10 being amended to read;
‘S Pocock asked whether the landlord would be asked to provide access gates for this type of buggy’.
3. Appointment of Chairman and Vice Chairman
Interim Chairman, Mr L O’Neill, stated that two nominations for the office of Chairman, supported by written statements, had been received from W Greer Johnston and C Whealing, and invited any further nominations from the floor. There being no further nominations, the Forum agreed to conduct the vote by show of hands. Mr Johnston and Mr Whealing withdrew from the meeting during the vote.
On a show of hands, the majority of votes were cast for W Greer Johnston.
On his return Mr Johnston accepted the office of Chairman, and expressed his hope that the Forum would prove a constructive body for Sutherland, and welcomed the range of interests represented.
Thereafter it was unanimously agreed that Mr C Whealing be appointed Vice Chairman.
4. Draft Highland Access Strategy 2006 - 2011
G Robson reported that the consultation period for the draft Highland Access Strategy 2006 – 2011 expires at the end of February 2006, with a report on the responses received going to the Planning, Development, Europe & Tourism Committee in March 2006. He summarised the various sections of the Strategy, and advised that to date eight responses had been received, which, with one exception, were favourable. He also outlined the processes that would be followed prior to the Strategy being finalised, observing that failure to reconcile any outstanding objections could in some circumstances lead to a Public Local Inquiry, the cost of which would be borne by the Council. Therefore it is hoped to reconcile any objections before submission of the Strategy to the Scottish Executive.
H B Field queried the level of financial support provided by the Scottish Executive to implement the strategy stating the he believed that the Council had been allocated the sum of £380,000 per annum, for a number of years on the basis this will diminish as other funding sources are identified. G Robson confirmed that this sum had been included in the Council’s base budget, and essentially this funded the Access Officers posts and the process of developing the Core Path Plan. No allowance had been made for implementation of the Plan or for maintenance works. He explained that the Scottish Executive is awaiting submission of all Core Path Plans prior to deciding on the additional overall allocation of monies. It had been estimated that the sum of £1.6m is be required in the Highlands to meet staffing and maintenance costs and therefore there is a significant shortfall.
The Chairman asked that the Forum be guided on the appropriate time to commence lobbying for additional resources. G Robson confirmed the importance of continuing to raise the profile of the issues surrounding funding, stating that community expectations are high and it will be seen as a failure of the legislation if there are inadequate funds to support its implementation.
The Chairman sought clarification on the basis funding is allocated. G Robson indicated this was done on a population basis but that representations had been made through COSLA to have the funding mechanism reviewed. He and the Convenor had also met with the Minister for Environment and Rural Development to discuss the failings of the current formula. Mr Robson observed that the Core Path Plan once finalised, will provide a base on which to bid for additional funding.
C Whealing queried how the access monies are allocated in the Highlands. G Robson explained that this money funds the Access Officer posts and Local Access Forums, and supports the preparation of the Strategy.
Following further discussion it was AGREED to express the Forum’s dissatisfaction with the current funding formula i.e. based on population.
The Chairman asked whether the Plan will formalise existing paths or be more developmental. G Robson advised that the Plan will be a combination of both, and will consider where improvements to existing paths are required while identifying missing links in the network.
C Whealing queried the arrangements for making the Core Path Plan available to the public. G Robson advised that the Plan will be available on the Council’s Website, Service Points, libraries etc. Additionally the Ordinance Survey is to reprint its maps incorporating core paths as a fixed purple line.
Referring to the OS maps, S Pocock asked whether all paths would be marked including those that are aspirational. M Dent confirmed that all paths would be mapped in the expectation that those not yet established will be developed in a reasonable timescale. Failure to progress these paths over the years could therefore result in criticism.
M Macpherson expressed concern at the inclusion of marked paths on OS maps which don’t currently exist, explaining the safety implications associated with drawing people to an area, often in difficult terrain, in the expectation of a path where none exists. G Robson advised that representations had been made to the Scottish Executive and SNH on this issue, but the preference for a fixed line for all paths, proposed or existing had been confirmed.
The Chairman suggested that a note be included on the OS maps advising that paths may not yet exist. M Dent advised that the Council’s plans, leaflets etc and the Strategy will include a caveat to this effect and that it is only on the OS maps where there will be no differentiation.
Following further discussion it was AGREED the safety issues surrounding the inclusion of all potential paths on OS maps be raised at the Pan Highland Local Access Forum Conference to be held in on 7 April 2006
5. Core Path Planning Process – Consultation/Timetable and Question Sheet
M Dent circulated a schedule for the Core Path Planning process, identifying key dates towards the production of the draft Plan in Spring 2007 and the subsequent twelve week statutory consultation period. The schedule included dates for advertising in the local press, community consultation, including a full household circulation with a questionnaire, a copy of which was also circulated to members; public exhibitions; consultation with landowners, managers and tenants; survey work; and presentations to the Forum. He expanded on the development of the Plan emphasising that it was intended to start with a blank map rather than reiterating existing provision or being prescriptive at the outset. The aim is to identify community access needs and to identify the type and level of use of existing paths.
H B Field indicated that extensive plans on walks in Sutherland had been prepared on behalf of the Sutherland Walkers Group and queried their whereabouts. A Sutherland confirmed that these plans are held centrally by the Council, and that he would provide M Dent with copies.
Referring to the community consultation, I Mitchell suggested that key people within the community be targeted and issued with an invitation to the appropriate consultation meetings, rather than solely relying on an advert in the local press. M Dent acknowledged this point and confirmed it was intended to issue invitations to key community contacts.
D Allan raised the issue of access across farmland. Responding M Dent explained it was not envisaged that core paths would cross fields, and there is a need as part of the planning exercise to balance community need against land management operations. A Sutherland stated that Government funding is available to farmers and landowners to make access available across their land, assistance being provided towards the capital and maintenance costs of paths.
Discussion then followed on the postal survey to be circulated to all households in Sutherland. It was AGREED that the dates of the community consultation meetings and events be incorporated into the letter being issued as part of the survey.
6. Abilities Access Provision
I Mitchell raised the issue of all abilities access provision, seeking views on the level of access on core paths that should be considered.
The Chairman queried the definition of ‘all abilities’. A Sutherland advised that no criteria had been issued by the Scottish Executive. M Dent indicated that in essence the aim should be to provide barrier and gap free paths, reducing the number of kissing gates, styles etc. He observed that currently there is not enough information on what exists on the ground to consider level of provision, but this will become clearer as the Core Path Plan is developed.
The Chairman cautioned against raising expectations that core paths will be for all community benefit, given that some uses are not compatible, citing a path used for horse riding as an example where it would perhaps not be appropriate for use by disabled users.
I Mitchell observed that if approached for funding for a footpath it is likely that an all abilities path would receive priority.
C Whealing referred to works undertaken to a bridge at the Big Burn, Golspie to ensure all abilities access, but advised that access beyond the bridge is restricted. He stressed the need to ensure that the upgrading of paths should be tied into the overall network.
Summing up the Chairman gave an assurance that consideration will be given to all abilities access as part of the Core Path planning process.
C Whealing, as a separate issue, queried how conflicting demands on the use of a path such as between horse riding and disabled access, will be resolved. A Sutherland advised that it will be for the Forum to take a view on such matters.
7. Current Access Issues
M Dent gave a visual presentation on current access issues around Sutherland, concentrating on deer management and gates, and highlighting issues of poor design and planning which can affect access, and outlining action he had taken with various landowners in response to some of the access difficulties highlighted. He also displayed incidences of ‘no dogs’ signage and other types of signs restricting access, and explained provisions relating to dogs in terms of the Scottish Access Outdoor Code.
W Beattie reminded the Forum that up to 90% grants to improve access in forested areas continue to be available from the Forestry Commission, until August 2006.
This was NOTED.
8. Strathy Point - Signage
With reference to Item 8 of the Minute of Meeting of 7 February 2006, A Sutherland circulated a recommended draft text for an advisory sign to replace the existing sign erected by the crofting tenants at Strathy Point. The intention would be that SEERAD, as landlord, would negotiate with the tenants with a view to persuading them to agree to the new sign. Mr Sutherland indicated that if agreement cannot be reached then the Sutherland County Committee will be asked to approve enforcement action to have the existing sign removed.
C Whealing queried whether there is an issue of responsible access in this case, given that the crofters’ livelihood is affected. The Chairman quoting the text of the sign queried whether the use of ‘advisory’ is required. L O’Neill outlined the legal position relating to the use of ‘advisory’ and M Dent advised that while the Council could apply for an exemption to remove access rights from this area, this would have to be reviewed every two years. I Mitchell cautioned that this is a popular tourist location and as knowledge of the access legislation increases wider objections in respect of any move to restrict access may be received.
The Forum APPROVED the draft text for the advisory sign, as undernoted on the basis that SEERAD, as landlord, negotiate with the crofting tenants to replace the existing sign;
‘Advisory Sign - Please do not take your dog beyond this point. The cliffs are unfenced and sheep are liable to panic and go over the edge’’ SEERAD’’.
Additionally it was AGREED that the tenants be advised that should agreement not be reached on the replacement sign the alternative will be a recommendation to the Sutherland County Committee that the existing sign be removed via enforcement action.
9. Pan Highland Local Access Forum Conference – 7 April 2007
L O’Neill provided details of the Pan Highland Local Access Forum Conference to be held in the Council’s Headquarters, Glenurquhart Road, Inverness on 7 April 2006. He confirmed that all Members of the Forum will receive an invitation to the Conference.
10. AOCB
M Macpherson referred to an access issue on Suisgill Estate, Kildonan where walkers had been reprimanded for disrupting deer stalking. Mr Macpherson advised that there had been no signs at the point of access or indication from the Estate Lodge warning of stalking, and stated that had such notice been given the walkers would not have proceeded onto the land. M Dent reported that the Estate should have provided signage, and while no retrospective action could be taken he would remind the Estate of their obligations under the relevant legislation and Access Code. Assistance with some basic signage could also be provided if required. M Dent also suggested that C Whealing raise the issue of signage with the Scottish Rural Property and Business Association.
11. Date of Next Meeting
It was AGREED that the next meeting be held in Lochinver on 4 April 2006, with site visits being arranged in the morning, followed by lunch prior to the meeting. Additionally it was AGREED that the Area Administrator prepare a calendar of meetings for the remainder of the year, for submission to the next meeting.