Agendas, reports and minutes

Ross and Cromarty Local Access Forum

Date: Thursday, 1 December 2016

Minutes: Read the Minutes

Minutes of Meeting held in the Council Offices, High Street, Dingwall on Thursday 1st December.

Present:

Mr Robin Forrest (Chairman), Mr Robin Chalmers, Mr Tom Forrest, Mr Norman Chisholm, Mr John MacKenzie and Mr Hector Munro. 

In Attendance:

Mr Philip Waite, Access Officer, Planning and Development Service
Ms. Angeline Walker, Corporate Receptionist

1.  Apologies for Absence

Mr Stewart Campbell
Mr Fraser Fotheringham
Cllr Ian Cockburn
Cllr Maxine Smith

2Confirmation of Minutes

Archie MacLellans’ name was spelt wrong. RF said Archie should be thanked for his contribution.

JM proposed the minute and RC seconded that the minute was accurate.

3.  The Highland Core Path Plan Review – West Highlands and Islands

PW handed out a copy of The Highland Core Path Plan Review. He apologised that the last fora event was over a year ago. He explained that due to his duties increasing, he has less time to spend on access matters.

At the last meeting the group supported 26 core paths, wanted further information on 10; and didn’t support 4.

Consultation on these initial proposals was done alongside the local development plan consultations which occurred in May.  Events in Wester Ross were held in Ullapool, Lochcarron and Poolewe.  PW stated that he was not involved in discussing how those meetings were going to be held.  He would have liked certain timings and more evening meetings.  There were 16 responses for 3 events, which was disappointing. This was possibly because it was not adequately publicised. However, there will still be the statutory consultation period of 12 weeks for the final draft amended plan

The Land Reform (Scotland) Act 2016 has amended the 2003 Act and gives greater explanation for core path plan review procedure. For any new core path, more effort must be made to contact the landowner, including notification; if the landowner can’t be identified, then a notice has to be put on the site.

Lochaber is now split between two access officers in Skye and Inverness, both of whom need to familiarise themselves with the area and so has delayed this review.

4.  Access Issues update

i. Rubha Reidh, Gairloch

PW showed a map of the site of the area that has been fenced off.  Mrs. Maclachlan, contacted PW in March.  She wrote a letter saying she was going to close the road to vehicles.  The issue is privacy for the bed and breakfast which she runs.  This has caused concern in the community.  The issue has to be dealt with by two Council sections in that there is road access and then off-road access.

Mrs. Maclachlan initially erected no parking signs It has now become a local major issue with petitions etc.  The Maclachans’ also started accosting people telling them to go elsewhere.  Eventually the Maclachlans’ purchased an extra piece of land from Inverasdale Estate. They want to purchase more land but this is unlikely. The land that they have purchased gives them access to the car park, the jetty and a bit of road.

RF stated that mere ownership does not imply curtilage. PW said that Legal Services have confirmed to roads that there is a public right of passage to this road. The first thing that Roads would request is that the owners remove the gates, and give a certain amount of time to do that.  If this was declined, Roads could remove them.  PW understands with the Roads Act that there is no appeal and a less complicated procedure to go through, unlike the Land Reform Act

ii. Change of Core Path at Silverbridge, Garve

Should this be an addition to the core path network or a replacement?  The Forestry Commission are proposing to remove 2 short sections between two core paths and put in a new route which separates them.  PW has requested that one link section be retained to enable a short loop. FCS are not keen to do so. The forestry road would still be a core path.  In the FCS report it states there are liabilities, presumably the steps. JM suggested a short new link path was possible rather than keeping one existing link, solves the problem, leaves the loop and does not cost very much.  PW said he suggest a proposal of a shorter link to the Forest road.

iii. Peffery Way – Strathpeffer – Dingwall

A community group are working hard to develop this route, and have put in a planning application. He showed the group a map of the route.  There are various issues with different sections of the route. So far they are unable to reach an agreement with Mr. McMaster - his issue is that part of the route is on some of his grazing land. HM wondered if he could be encouraged to put in a grant through SRDP to enhance access. 

5.  National Access Forum Matters

RF talked about the mapping of core paths - when the concept was first introduced, an integral part of it was that core paths would be delineated on Ordnance Survey maps.  This was about 10 years ago and there has been no movement on that.  PW said that OS are back-tracking and are resisting calls to map core paths.

RF asked regarding calculating GAE allocations – will this be ring fenced?  PW said it has never been ring fenced.  From the moment it was actually included in the general grant given to local authorities, the money has always been distributed throughout council services.  With every cut the council is forced to go through, the funding for access is reduced.

6.  Exemption from Access Rights, S11 Land Reform (Scotland Act) 2003 - Strathpuffer

PW showed a map and explained that the course has slightly changed.  There have been a lot of problems with the drainage.  The group has seen photographs of path damage.  Over the last couple of years, an alternative route has been developed which mostly avoids that section of the core path.

The group approved the exemption application.

7.  Future structure of Local Access Fora

PW explained the current situation and showed a map of where the 4 remaining access officers are based. Currently there are 6 access fora running.  Lochaber have not had an access meeting for almost 3 years. Something may have to change as operating 6 fora with 4 officers is likely to be inefficient.  There was a discussion about different options.

RF stated that each local authority has a statutory obligation to have a local access forum. Local knowledge is imperative. 

RF suggested getting representatives from all existing access fora together to sit down and discuss a solution and to proceed from there. 

8.  AOB

TF talked about Loch Garve and routes which is a safety concern.  It is marked on the map as a cycle track but it is very dangerous.  There are a lot of touring bikes using the track.

HM stated that he sits on the local forestry forum and he would bring this up at the next meeting.

NC stated that the estate have put up signs at Fyrish car park, saying to contact the police if there are any motor bikes using the track.  He has been in touch with the police, who said they were monitoring the situation.  He said the sign had now disappeared.  It looks like the car park is going to be extended which is positive.

NC said core path between the Kindeace road at the back of Newmore through to Mossfield, it’s a right of way.  It is on the core path list.  The signs have been removed or stolen.  PW has reported this to the police, is it worth replacing them?

9.  Date of Next Meeting

It was decided to defer the meeting to await developments.