• Agenda

Minute of Meeting held in the Council Offices, High Street, Dingwall on Wednesday 1 May 2013. 

Present:-

Mr Robin Forrest (Chairman)
Dr Stewart Campbell
Mr Robin Chalmers
Mr Norman Chisholm
Mr Tom Forrest
Mr Fraser Fotheringham
Mr Ian Cockburn

In Attendance:

Mr Philip Waite, Access Officer, Planning and Development Service
Mrs Alison MacArthur, Administrative Assistant, Chief Executive’s Service

Apologies for Absence

Apologies for absence were intimated on behalf of Ms Marj Donaldson, Cllr Maxine Smith, Mr Archie MacLellan, Mr Hector Munro and Mr John Mackenzie.

1. Confirmation of Minutes

The Minute of the Meeting of 28 November 2012 was submitted and approved.

2. Highland Core Path Implementation Programme

The HCPIP2 had been approved after a re-submission to LEADER for the final year of the three year programme and was to continue from where it had left off.  The scheme is now not as flexible as it was, with the full details being submitted there can be no alterations by communities . The majority of the HCPIP projects had been completed in the first 2 years and only 3 projects remain, these being the community projects at Strathpeffer, Milton of Kildary and Invergordon. Mid Ross is the only area still to be signposted, the posts installed with just the signs to be ordered and fixed.   Work was continuing on an Easy Access Walks leaflet with Mr Phil Waite and Ms Marj Donaldson visiting sites with a disability scooter user. A leaflet would also be produced for walks around Strathpeffer and Contin.  Ullapool was keen to have a map of walks at an information point. 

Representatives from the community groups involved in the HCPIP would receive training sessions in basic path maintenance in September of this year. 

There was to be a meeting shortly of parties involved in the Strathpeffer to Jamestown path, which was moving forward.  A ten metre strip of land came under the planning application for a path link and parties involved were currently working on transferring this land to the Forestry Commission Scotland. 

3. Access Issues

i. Udale Wood, Jemimaville

The owners of Udale Farm were not happy with the core path.  There were alternatives but the owners were not prepared to accept these.  They appeared confused in relation to the nature of a core path and the burden that it entailed.  They stated that they had been unaware of the designation of core paths and unaware of the consultation process that had taken place, even though this had been widely publicised in the farming press and consultations had been held on the Black Isle.  The Council as the access authority would have to come to some agreement with the owners of Udale Farm.

The owners had stated that they had livestock close to the path and would want a disinfectant foot bath for walkers in the area.  This had not been necessary in other areas.  The livestock issue was unusual as the livestock were kept on the periphery of the farm and not close to the farmhouse as in other farms to avoid contamination.  The locks and chains that had been placed on the gates were very hostile.  The signs on the gates were just compliant but the tone of the sign discouraged access and was very off putting.

An alternative path was possible but was negated due to the large spend that this would entail. 

The owners have disturbed the core path and under the Land Reform (Scotland) Act 2003 they could be subject to a fine if the core path was not returned to its previous state within fourteen days (or longer by agreement).  When the path was designated it was not in use as agricultural land. 

The farmers denied having received any of the letters that had been sent either by Mr Philip Waite or those sent by the community.

The forum AGREED that the core path designation was a reasonable one and should remain. 

The forum AGREED that Mr Philip Waite and Mr Robin Forrest should meet again with Mr Hector Munro, who although not present today had offered to meet with the owners as a fellow farmer and try to come to an informal mutually agreeable arrangement over the core path.

ii. West Lodge, Shieldaig

Maps and photos were shown of the location.

Discussion then followed on the new gates and whether they were appropriate on a core path.  The owners of West Lodge had installed the new gates following a planning application to change the access track, in this they stated that the old gates would be an inconvenience to users when closed.  The new gates are deer fence gates and are not to be locked although arguably more inconvenient for users than the old gate.  The old gates had been left open for many and the change to new closed gates was causing upset with neighbouring owners who use the track for vehicle use.

A sign had been put on the gate stating “walkers and cyclists welcome – please close gate to protect sheep and deer”. 

The opening mechanism on the gate may be difficult for some disabled users. The access was not ideal for wheelchairs but was workable.

The neighbouring owners are claiming the new gates are an obstruction to their right of access and are willing to go to court and they have asked for Council support . They claim that three of the conditions on the Planning Decision Notice have not been met.

The forum felt that gates were not considered an obstruction if left unlocked and there was a clear welcoming message, and was not prepared to be drawn into the debate on other issues particularly as the Council  had received no direct complaints from third parties.

The forum AGREED to advise the Council not to support the neighbours in their court action.

iii. Ledgowan

A photo was shown of the padlocked gates at Ledgowan.  Mr Tom Forrest had walked this path and had come across a young man from Ledgowan Estate.  On being asked the man had instructed Mr Forrest that he couldn’t walk there at the moment as he had sheep in the field with lambs.  On asking if he could get access from the other end at the lodge he was told no, but that maybe he could get access through the hotel.  A woman had also reported that on walking this path the keeper had put her off going through the gates.

There had been considerable correspondence between a Councilsolicitor and the owners regarding primarily the old road but other gates on the Estate had also been mentioned.  The old road obstructions had been removed with the police in attendance.

Eight of 15 gates to the the hills were locked, three of which were on tracks.  The Estate had insisted on one of the locked gates remain so to prevent rustling..  The access officer had informed them they would need to provide a small sid gate or at very least a stile. to enable access rights.

The forum AGREED that Mr Philip Waite should continue to press the Estate to unlocked the gates.

iv.  Chalet 5, Mellon Udrigle

Maps and photos were shown of the area.

The original planning application had been amended to remove the installation of a fence so that the owners could continue with their work on the chalet.   The planning application only relates to the house and not to the land The question of the dyke re-build preventing access remains. By reinstating the dyke they had blocked a claimed right of way that had been accessible for over 20 years.   The area had been de-crofted before the purchase.  A small wind turbine application by the owner of Chalet 5 had also been withdrawn.

There was considerable concern from locals and holiday makers about their access.  The owners have suggested a route between the chalets and over the dyke to the east of their land.   The Aultbea Community Council had discussed the matter and wished to retain the original crossing point at the corner of the dyke.  Mr Waite suggested that the owners could improve the route to the dyke they have suggested to enable acceptance by the community.  They have not as yet come back to him.  Other options are; A gate could be put in the old dyke to enable access, or a gate could be put in at their suggested point to the east of their land.

The forum AGREED to wait for a response from the owner.

4. National Access Forum Matters

Mr Geoff Robson had now retired and Mr George Hamilton would be covering his post until Mr Robson’s post was advertised and replaced.  Unfortunately Mr Hamilton would be unable to attend the National Access Forum but issues could be raised by forwarding to Simon Pipel, the local access forums representative.

Discussion then followed on a recent lyme disease victim and members asked if we could help raise the public awareness as there was a lot of ignorance regarding the subject.  Mr Waite advised that unfortunately this was a public health issue and therefore outside the remit of the LAF.

5. Applications to Exempt Land from Access Rights under S11 of LR(S)A 2003

There were no current applications although there was likely to be an application for the Black Isle Show very shortly.  The price for these applications had been increased from £100 to £115.  There had been no issues with the Strathpuffer.  The Snowman Rally Exemption had not been enacted fully as the Rally was abandoned after a fatality occurred in Glen Urquhart.

6. Any other business

There was no other business.

7. Date of Future Meeting

Thursday 3rd October 2013

The meeting ended at 5.35 pm.