Agendas, reports and minutes

 

 

Site Visits, Cannich

Prior to the formal meeting, the Forum visited sites at Cannich where there were access issues, as follows:

• Claimed Public Right of Way (Item 4 refers): Forum members walked up the path in question.  In discussion, information was provided on the process for claiming a Right of Way, liability and maintenance issues, the previous planning application and the history of the path.  Contact with the land owner had yet to be made.
• Collapsed footbridge, River Glass, near Cannich: the remains of the footbridge, in particular a hawser stretching across the river, posed a hazard to canoeists.  In discussion, the Forum informally considered ways this could be remedied, including removal of the hawser and placing warning signs upstream; information was provided on liability issues, offers of help, and the involvement of Building Standards.  Should the latter not lead to a resolution, the Access Officer would write to the owner.

The Forum found visiting the sites useful and informative, and was of the view that there would be value in visiting other sites where there were access issues, where possible. 

 

Meeting, Tomich Hotel 

1.  Apologies: Hamish McBean, Sandra Bardwell. 

2.   Membership and Appointment of Vice-Chair: 

The Chair welcomed Tommy Hogg to his first meeting of the Forum.

AGREED:

i.  Liz Walsh be appointed Vice-Chair;
ii.  Dr Bardwell continue to be a member of the Forum notwithstanding that her future attendance at meetings was uncertain (Standing Order 9.3 refers); and
iii.    action be taken to fill the vacant positions on the Forum:  1 Land Manager representative; 2 Recreational Users representatives.  Access Officer to check budget for advertising the vacancies in the press.  The process must be open and transparent. Suggestions for raising awareness of the vacancies included contacting Wards and Community Councils; advertising in community newsletters to help ensure a geographic spread of members; and informal approaches being made by Forum members to individuals.

3.  Minutes of Local Access Forum – 29 May 2013

APPROVED

Matters arising and update on progress

• Croftdhu – a report had been submitted to Highland Council Legal Services for advice; Legal had asked SE to canvass other access authorities for their responses to similar cases; the landowner had locked the gates but the Council had offered him alternative gates – discussions were ongoing.  On recent visits to the gates it was confirmed that the gates were unlocked, but that another gate had been locked and a stile was being constructed.
• Lochloy – a request had been received for permission to lock a gate as the public were leaving it open; action taken included asking the Forestry Commission to put up a “please shut the gate” sign; the Council had offered a self-closing gate if required.  Discussions continued.
• Corkscrew/Road, Duntelchaig – no progress.
• KingsSteps –hearing at Inverness Sherriff Court on 16 October 2013.
• Cluanie Dam – access had been closed by Scottish and Southern Energy (SSE) but following meetings with the Mountaineering Council of Scotland,  SSE had agreed to allow pedestrian access across the dam, and across the dams at Quoich and Cuaich.
• Torvean – there had been a pre-application consultation but the closing date was now past (30 September 2013).
• Coastal Path Network – trail between Inverness and Nairn.  A revised draft Action Plan had been submitted to Simon Hindson, Planner and officer responsible for taking the Coastal Path Network forward.  His report was understood to be going to the PED Committee. 

ACTION – Access Officer to email Liz MacDonald with the date of the report going to the PED Committee.

• Route 78 Action Steering Group - Hamish Wood to provide the Chair with a contact point.

4.  Claimed Public Right of Way, Cannich

The Forum had visited the site earlier in the day (see summary above).  The Access Officer asked the Forum for its views on what the Forum should do, and the information it needed in order to decide if the footpath was a Right of Way.   Should there be no objection to the claim, it would be listed as a “Claimed Right of Way” in Scotways’ Catalogue of Rights of Way.

The Forum AGREED that:

i.       the views of the landowner and any objectors be obtained, so that the Forum had the full picture;
ii.      a notice advertising that the footpath was being claimed as a Right of Way be placed at each end of the path; and
iii.    the Community Council’s views be sought; and the Community Council be asked if they wanted to publicise the matter.

5.  Affric – Kintail Project

The Access Officer reported that a group had been formed to promote an Affric-Kintail Way.  Membership of the group included: the Strathglass Marketing Group, the Forestry Commission, the National Trust for Scotland and Glenurquhart Community Council.  The route would connect to the Great Glen Way, and run from Glenurquhart àShenval àCannich àthe Dog Falls à Glenn Affric à Kintail.  Support for development of the route was being provided by the Forestry Commission.

Members requested a map be provided.  In discussion, views expressed included that whilst alternative routes were possible, the wishes of the Cannich community for the route to go via Cannich were understood.  It would be beneficial if as much of the route as possible could be off road.

AGREED regular updates be brought to the Forum.

6.  Highland Core Path Implementation Project II

Nairn Suburban Community Council and Nairn Golf Club.  The Club had raised issues including coastal erosion resulting from a new structure, maintenance and liability.  As these matters would not be resolved before the deadline for this project, it would not be able to be delivered as part of this scheme.  Input into accessibility would be asked of Candy Cameron in her role as access representative on the British Horse Society (BHS) Highland South Committee.

Discussions were ongoing with the Ministry of Defence (Defence Estates) at Fort George with regard to a proposed path at Ardersier – the MOD had concerns that their training activities/manoeuvres might damage the path.  A resolution or agreement might take some time to achieve.  Separately, concerns regarding overnight parking had also been raised.

Nairn Access Panel’s hopes to improve the accessibility of the path at Kingsteps had been put on hold pending the outcome of the current court case (Item 3 above).

The objectives for signposting on Core Paths had had to be narrowed due to time constraints.

7.  AOB

Lochindorb

A report by the Access Officer was tabled.  Following a complaint received from the public, MSP Danny Alexander had requested the Director of Planning and Development to ask the Forum to discuss access issues at Lochindorb.  In light of this, and as the Forum would not meet until the Spring, in accordance with Standing Order 13, the Forum was AGREED that this item be considered as a matter of urgency.

The Access Officer summarised the main points of the report – including that, following a change of ownership, the largest of the four informal car parks accessing the Loch had been mounded, planted and fenced off; other fences had been erected, and boulders put in other parking places/passing places.  Complaints had been received from the public, and concerns raised by TECS and Planning and Development.  However, following discussions with the owners, mitigating actions had been taken in a number of areas, including removal of boulders, installation of gates in fences, and removal of “private” signs; although the large car park remained planted.  Retrospective planning permission had been obtained, and TECS were understood to be content with the actions taken.

The Access Officer asked whether the situation has been dealt with to the Forum’s satisfaction.  A variety of points were raised in discussion including:

• whether this matter should be brought to the City of Inverness and Area committee
• problems that could arise from wild camping, litter and fires
• there should be signage so that the public were aware that it was private land
• the land owner was within his rights to make use of his land
• if there had been access to the Loch “for generations”, there was a principle of use – access should be maintained, including the planted ground
• closing off a car park would lead to people parking on the verge
• where the public used private land as a car park, the Council should formalise the position and maintain the car park – this was why owners should let the Council know prior to making changes affecting public access.

In conclusion, the Forum was generally of the view that the landowner had complied with what was required of him with regard to access, and had taken steps to redress the situation once the issues had been brought to his attention.

8.  Date of next meeting

April 2014 – details to be confirmed.

In line with the Forum’s role in helping resolve disputes, the Forum AGREED that consideration be given to a site visit and hearing (as previously held at Temple Pier) at Lochloy, with a full report circulated prior to the meeting; and that the Forum also take the opportunity to visit Nairn golf course, should time allow.

The Access Officer undertook to seek legal advice as to the best way forward.

In response to questions, Liz Lee undertook to ascertain the governance process, (whether reports should come to the LAF, the Area Committee, PED or Council, and which body should consider them first) in relation to Rights of Way, and issues where there were financial implications.

 

The meeting ended at 5.10 p.m.