Agendas, reports and minutes

Minutes of Meeting of Sutherland Local Access Forum held in Ben More Assynt, Council Offices, Drummuie, Golspie on Thursday 9 October 2014 at 2pm.                                                     

Present:

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

In Attendance:

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 J McGillivray and Mr G Duff.

2. Minutes of Meeting of 25 September 2013

There had been submitted for confirmation as a correct record the minutes of meeting of 25 September 2013, the terms of which were APPROVED.

Arising from the minutes a number of matters were raised as follows:-

National Access Forum

A point was raised in regard to the lack of information/circulars which had been received from the National Access Forum since February 2014.  The Access Officer advised that he sought to e-mail the Forum with communications received from the NAF, wherever possible, but confirmed that he had not received any communications over recent weeks.

In discussion, it was suggested it would be helpful for the Forum to be provided with an appropriate Web link to the National Access Forum. The Access Officer advised that this may be available via the Scottish Natural Heritage website and that he would check this further. 

Mr H B Field advised that for family reasons he had been unable to attend the joint National Access Forum/Local Access Forum meeting. However he provided a summary of correspondence received from the National Access Forum since the last meeting of the Forum, the terms of which he read out to the meeting. 
  

Thereafter, discussion followed on the proposed changes in regard to access across level crossings and concern was raised about the potential impact on crofting operations. 

The Access Officer clarified that the UK and Scottish Law Commissions had published a report/white paper on railway crossings.  The report aim is to consolidate existing legislation, some of which is old and also spread over many acts as each railway was built, to provide a more workable framework for the opening and closing of railway crossings.  The report also aims to improve the operational safety of existing crossings and also clarify the law relating to rights of way (and core paths in Scotland). 

In response to the above proposal the National Access Forum had prepared and agreed a submission which made the case for an alternative process, where all constructed crossings would be viewed as available for public use, but Network Rail could apply to close any of the crossings which they might show to be particularly high risk.

It was suggested that the local MPs had been unaware of the proposed changes and were to raise the matter with Scottish Ministers to warn about the potential impact on crofting operations.

The Access Officer reported that the report/white paper included a draft level crossings Bill that may be taken into the legislative procedure in the future. He advised that it covered all types of level crossings both public and private. However currently his understanding was that the Scottish Government was not committed to its implementation.

In conclusion of this item, the Forum AGREED that it would be helpful if the views of the NAF and SNH on the various proposals contained in the draft Bill could be ascertained.
         
Tutuim Bridge

Mr B Field advised that on investigation it had not been possible to confirm the current ownership of the Bridge from Council records.  He also advised that he had been in contact with the Council’s Chief Structural Engineer who confirmed that the Bridge was one of a number of bridges in Highland where the ownership was not explicit and which would be pursued over time, but not as a priority due to resourcing issues.

The Chair reported that he had contacted Ardgay Community Council on the matter who had confirmed their agreement with the Forum’s view that the Bridge was not well used.  Mr P Olson that the Tutuim Bridge had been used by some local people as a route to work. The Chair suggested that currently the Bridge would only be used if the bailey bridge further up the river was closed for any reason.  

In discussion the consensus was that no further action should be taken at the current time on the grounds that Tutuim Bridge was not regularly used and that’s its ownership had not been established. Further it was noted that no costs were being incurred in relation to the structure at the present time. 
It was also acknowledged that there was the potential for proposals to come forward at a future date in regard to its inclusion as part of the core path.

The Forum AGREED that no further action be taken in regard to the Tutuim Bridge at the present time.

In response to a question, the Access Officer advised that in regard to Rispond Pier the position was as reported to the last meeting. However he indicated that Durness Community Council had secured funding of £5,000 from Scottish and Southern Energy (SSE) from its Sustainable Development Fund to undertake independent market research on the feasibility of a new community owned harbour at Port Chamuill, which was located between Rispond and Port na Con.

3. Core Path Plan Review

The Access Officer provided an update on the Core Path Plan review and advised that there had been no significant progress since the last meeting, and it was anticipated that it would be Autumn 2014 before the review commenced.  

In response to questions, the Access Officer reported that it had not been possible to resolve the access issue at Ardgay Hill, as reported to the previous meeting, whereby the landowner had erected a fence over a core path. He advised that a member of Ardgay Community Council was concerned that access over the core path should be retained, however it was not clear whether this was also the collective view of the Community Council.

The Access Officer also cautioned that the costs associated with pursuing legal action may be prohibitive, and that it would be possible to bypass the core path. He further advised that if a path was not enforced as a core path then this did not diminish the public’s right of access over that path or establish any rights to the landowner.

During discussion on this item it was suggested that the options in regard to the core path were to either remove it from the Core Path Plan or to pursue appropriate action as part of the Core Path Plan review.

Thereafter the Forum AGREED to take no further action in regard to the core path at Ardgay Hill pending the Core Path Plan review.

Following on from the above, the Access Officer referred to an issue locked gates on the Fire Road, to the south of Rogart.

The Forum AGREED that if the Access Officer was unable to resolve the issue then this matter also be dealt with as part of the Core Path Plan review.

Thereafter, a lengthy discussion followed on the issues created for Forestry Commission Scotland when a route used to extract timber was also a core path or where forestry operations were being carried near to a core path. M Macdougall made specific reference to a core path from Camster to Mid Clyth where in response to complaints about access restrictions due to land management operations, a new track had been constructed at significant cost. He expressed concern that may set a precedent for other similar cases.

The Access Officer explained this was a particular issue for timber harvesting and extraction operations where the original access tracks were often not fit for purpose and therefore required works to upgrade these routes. He advised that this created tensions in regard to the requirement for landowners to meet health and safety requirements on site during such works, and the demand from access users to use core paths.

It was noted that section 11 of the Land Reform (Scotland) Act 2003 contained provisions for temporary path closures for a period of six months.  However the Access Officer clarified in the terms of the Act a landowner could not close off a core path due to land management operations.  He advised that Scottish Ministers were not proposing any modifications to the Act in this regard. However the Land Reform (Scotland) Act 2013 (Modification) Order 2013 would allow for temporary closures in specific circumstances for shorter periods. He confirmed that he would arrange for a copy of Order to be circulated to the Forum.

In summary the Chairman suggested that the issues around management land operations and access were difficult to resolve under the existing legislation. He proposed that this matter be raised with the National Access Forum, pointing out the issues that exist and the need for the legislation to be amended to allow for temporary closures of core paths for land management operations in appropriate circumstances.

The Forum AGREED that this matter be taken forward with the National Access Forum.
 
4. Local Access Issues

Camore Wood

The Access Officer reported that with the permission of the landowner a gate had been installed and the issues around access resolved.

Clashbuidhe/Burnside Path

The Access Officer reported that a complaint had been received from a user of the above path regarding a kerb that had been erected by the owner of a neighbouring property to prevent surface water running off onto his property.  He advised that the kerb was not of sufficient height to block the route, that the work had been carried out with good intentions and that the disturbance caused by the work was minimal.  He therefore proposed to take no further action on the matter.  

The Forum AGREED that no further action be taken on this matter.

Moine Path, Tongue

The Access Officer advised that Kinloch Lodge, Kyle of Tongue and surrounding Estate had changed hands and that he was continuing to seek to resolve the access issue which had arisen in respect of the Moine Path.

Aultnagar Lodge

The Access Officer advised that while he had received a report about a locked gate in the vicinity of the above, it was located within the boundary of the Lodge and therefore was a private matter.  He explained that the property was currently on the market and the potential for access issues to arise may depend on the future use of the property.

Invershin Viaduct

The Access Officer reported that the Highland Council Engineer, Mr F Beaton, was dealing with the provision of a cycle ramp on the Invershin Viadicut and was currently investigating the best design option.

The Forum NOTED the update.

Alladale Estate

In response to questions the Access Officer advised that he was not aware of any current access issues at Alladale Estate.

5. Forestry Commission Scotland DVD

The Forum viewed a DVD commissioned by Forestry Commission Scotland which provided advice in terms of achieving responsible access by both Forestry Commission Scotland as landowner, and access users during forestry operations.

The Forum welcomed and NOTED the Forestry Commission Scotland DVD.
 

6. Date of Next Meeting

It was AGREED that arrangements be made to hold the next meeting in September/October 2014, the date to be confirmed.
 
The meeting ended at 3.45pm.