Tag: paths

June 19, 2017 Nick Halls 3 comments

 By Nick Halls (resident of Ardentinny)

This is the first of a sequence of reports focused on access around Glen Finart in the Argyll Forest Park, which is part of the Loch Lomond and Trossachs National Park.

The path was a traditional route, and Right of Way, that has existed since at least the 1940’s, but possibly much longer.

An indication of the permanence and investment in the route, possibly dating back to when the bay was a camp used for training Beach Commandos, and subsequently by Forestry Workers recruited from the unemployed of Glasgow.

This can hardly be regarded as a dispensible‘desire line’ that does not need to be preserved if it causes inconvenience to felling operations.

The track is signposted, part of the core path network, and is the route from the bay carpark to Loch Goil, following the shore of Loch Long. It joins two communities.

 

The pedestrian sections  are scenic, and relatively non-strenuous. It is a popular and historically important ‘transhumance’ route, that used to connect farms and holdings, now disappeared due to forestry operations.

The path ascends through pleasant natural woodland, and is well established but not over engineered and badly aligned as is the current practice. It has the gradient of a route that was used for carrying goods and probably used by pack animals.

Then this! Despite years of use and in an area of heavy rain, with almost no maintenance, it shows almost no sign of erosion. The resilience of the path testifies to the poor understanding of those responsible for aligning and constructing recreational paths today.

Leading to this. Over the years, I have cleared the path on a number of occasions of wind blow, minor obstructions arising from the growth of commercial forestry, and encroaching Rhododendron, but clearing this would be a monumental task.

 

And, to add insult to injury, this!

 

Needless to remark nothing has been done to clear the path, presumably its open for access, but users will need to clear the route and re-establish a viable track, as if it were merely a ‘desire line’.

 

There is no indication that the path will be reinstated, just that access will be restored, if one can find one’s way.

The obliterated path runs up the shoulder between the two burns above the end northern end of the beach.

The scenic impact of the clearfell, with the progressive degradation of the landscape quality by the patchwork of ‘industrial’ forestry operations, that will continue as the cycle progresses. Scenes like this are very unusual in other Western European National Parks.

 

The Loch Lomond and Trossachs National Park Authority, as Access Authority, at the very least needs to ensure Forestry Commission Scotland restores this path.

May 17, 2017 Nick Kempe No comments exist
The flat headland opposite Ledard House, at the start of the southern path to Ben Venue.  Proposed campsite was to be located right of photo

That campsites can become “political” issues is demonstrated in Strathard where Fergus Wood, the Loch Lomond and Trossachs National Park Authority Board Member, lost his Council seat on 4th May (see here).  On 11th May he withdrew his planning application for a new campsite by the shores of Loch Ard on Ledard Farm (see here).

 

The Interests of Board Members of the LLTNPA

 

The day before I received a very interesting letter from the LLTNPA EIR 2017-039 Response Ledard farm refusing to disclose correspondence between the National Park and Fergus Wood about this application.   The reasons cited for this are “commercial confidentiality” and data protection:

 

Correspondence in relation to pre-planning requests for advice typically includes personal information and information that in its nature relates to commercial interests of an individual or business. The provision of a pre-application advice service helps in the delivery of an effective planning system, and it is important that such advice is provided confidentially. The practice of providing confidential pre-application advice to all planning applicants as required is common place across Scottish planning authorities and prospective planning applicants engage in the pre-application advice process with a reasonable and legitimate expectation of confidentiality
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Note how the LLTNPA avoids saying whether the application contains personal information or commercial interests in this case.   In fact, if there was personal information such as phone numbers on correspondence, normal practice is simply to redact this.  Moreover, the fact there are commercial interests behind most planning applications is not the same as saying this is “commercial” information which might be exempt under our Freedom of Information laws.   While the public may not expect every piece of correspondence they have with the National Park or other public authorities to be publicly available, Fergus Wood is not an ordinary member  of the public but a Board Member.  What should be important in terms of ethical standards in public life is there is complete transparency where Board Members make planning applications.  Indeed the Scottish Government and Cosla has issued guidance on this http://www.gov.scot/Resource/0044/00444959.pdf.  

Procedures should be conducted in a consistent and transparent manner to avoid
suspicions that councillors may have prejudiced their positions

 

While this statement was written about councillors taking the decision, rather than making an application, the principle should apply to both.  Its quite clear the LLTNPA does not understand this at all:

 

“This individual would have had no expectation that correspondence regarding a proposed business development would be released into the public domain.”

 

The problem is there has been no transparency, Fergus Wood managed to fail to declare he was a Board Member when making the application, failed to engage with people (including neighbours who objected to the application) and he paid for this locally.   Local people do not like the way this case has been handled.    I am pretty certain the Park’s response to the information request will only make them even more suspicious should Fergus Wood submit a new application once he has stepped down from the LLTNPA Board.

While the Plan for the campsite was in name Mrs F Wood, the application was in both names, and the Code of Conduct for the National Park requires members to be transparent about the interests of their spouses/partners

 

 

Context for the objections to the Ledard Farm campsite planning application

 

There is a shortage of campsites in the National Park and, as been stated in previous posts, its positive that Fergus Wood, as a Board Member, has been prepared to cater for campers, if not in his backyard at least in view of his front garden.

Ledard Farm, home of Fergus Wood, just across the B829 from the proposed campsite

The unprecedented number objections to this planning application can, I believe, be accounted for by the camping byelaws.  The Friends of Loch Lomond and Trossachs, who rightly have long been arguing the need for new campsites across the National Park, in their letter of support for this application said they did so because it would make “a positive contribution to the Your Park Initiative”.   The problem in Strathard, however, is “Your Park”, the contorted “vision” the LLTNPA has for camping.

 

As partial compensation for the camping ban across most of the lochshores in the National Park, the LLTNPA needed to show it was doing something.  It therefore promised 300 new places to Scottish Ministers but to help meet this promised  decided with Forestry Commission Scotland to develop a campsite on Loch Chon, a little further west along Strathard, where very few people had previous camped.  The local community made representations about people being encouraged into the area without suitable infrastructure (the narrow road, supervision of the campsite etc) which the LLTNPA in its usual way said would all be addressed.    What’s become clear in the last couple of  months is that most of the re-assurances the LLTNPA made about that development are meaningless:  the Park has failed to adhere to its own planning conditions and just a couple of weeks ago I found out that the warden appointed to supervise the site had left and a Ranger was driving in each day, a one hour trip, to manage the campsite (and presumably provide the bottled water which was needed because the water supply had failed – as predicted (see here).

 

So, the context to the large number of planning objections to the Ledard Farm campsite was that local people were worried that large numbers of irresponsible campers – and the LLTNPA has spent the last three years selling a myth to local communities that campers account for all the ills in the National Park – would all end up around Kinlochard at the Loch Chon and Ledard farm campsites.  These places being where people could still camp in the National Park and far more attractive for camping than the “permit zones” on Forest Drive (see here).   Had Fergus Wood taken up local concerns about the Loch Chon proposal, and used these to inform his own proposals, he might have avoided the backlash.   Like other Board Members, however, it appears he had become complacent because all the complaints to the Scottish Government had fallen on deaf ears and he therefore believed the National Park could continue to bulldoze through whatever it liked.   He had forgotten about democracy, the unfair consequence of which in this case is only that the Tory Councillor and LLTNPA Board Member Martin Earl, who like Fergus Wood endorsed the ill-thought out Loch Chon campsite, appears to have benefitted at the SNP’s expense.

 

Merits of the objections to the Ledard Farm campsite

 

Despite this context, very few of the objections to the Ledard campsite application (see here) appeared based on NIMBYISM and most in my view were well argued.  Here are some of the main points made:

 

  • People referred to the Development plan context (which was also ignored at Loch Chon) stating that the size of the development was too large for the area
  • People pointed out that the development was on a flood plain – contrary to National Park policy
  • People argued that because of the open landscape character of the lochshore it would be much more appropriate to site a campsite on the north side of the A827.
  • People were concerned about an influx of campervans along a narrow road (a concern that is now probably unwarranted as its become clearer the LLTNPA will be unable to enforce the camping byelaws against campervans and there is little risks therefore of large numbers being driven into Strathard).
  • People were concerned about increased light pollution at night (the LLTNPA keeps promoting dark skies)

 

What the objections add up to is that this was a tourist development in the wrong place – I have to say that I tend to agree.  While in many ways the planning application was positive (provision for staff to stay on site)  it was still a development and would have introduced a high profile building close to the lochshore in a open situation:

 

 

 

There are plenty of better places for campsites in Strathard and if, as is rumoured, Fergus Wood intends to re-submit a planning application for a campsite once he has stood down from the LLTNPA Board, location will be all important.   I would hope that both recreational and local interests would welcome a campsite in the right place.

 

A wider plan for the area

 

While Fergus Wood’s proposed campsite has created massive controversy, on the other side on Ben Venue, the LLTNPA  consented on 3rd May to a small new campsite at Trossachs Pier, at the east end of Loch Katrine, just outside the camping management zone (see here for planning application).    There were just two representations against the proposal demonstrating that local communities are not against all developments, but this one is small and located in woodland.  It includes water and electric hook ups and an effluent disposal point for campervans in the car park, upgrade of public toilets to include shower/wet room, 8 low cost camping pitches and 8 camping pods.

 

The trustees of the SS Walter Scott (who include the chair of Friends of Loch Lomond and Trossachs, James Fraser, who like me is on the Committee of the Scottish Campaign for National Parks), who made the application, have developed the proposal from its initial concept in a short period of time and also raised the funds to build it.   This  puts the LLTNPA to shame and highlights their failure to deliver all the basic campsites they had promised to deliver in the Trossachs as part of the 5 Lochs Management Plan (which now effectively appears to have been dumped) (see here)

 

There is now the potential to develop a network of small campsites around Loch Katrine and Strathard which would enable people to make more use of the cycling and walking routes there.

Path which runs parallel to shores Loch Arklet between Inversnaid and Loch Katrine by Corriearklet

The path which was created to connect Inversnaid to Stronachlachar Pier, at the west end of Loch Katrine, is sadly unused and the camping byelaws (which takes in all the land between the path and the Loch despite the small numbers of people who ever camped here – its even more remote than Loch Chon)   make it useless for backpackers who don’t want to risk becoming criminals.  Meantime while Stronachlachar Pier is just outwith the camping management zone, campers are not welcome:

 

While this is yet another unlawful no camping sign in the National Park, the request is not unreasonable.   What is needed is a sign which directs people to a good camping spot locally.

 

If there was a small basic campsite at Stronlachar or Loch Arklet, this would create a network of  campsites in the west Trossachs (in addition to those at Trossachs Pier, Loch Chon and maybe in future Ledard Farm) which would allow lots of opportunities for short backpacking and cycle tours, for example at weekends.  In my view that is what the National Park should be about and I would hope that people in the local community would agree.

What needs to be done in Strathard?

 

The basic problem in Strathard is that the LLTNPA has tried to impose ill-thought out proposals which suit its agend but no-one else.  Fergus Wood has paid a price for that.   Strathard was never included in the 5 Lochs Management Plan but I believe what is needed first and foremost is a visitor management plan for the whole area.   Unfortunately, the LLTNPA instead of building on the  work for the rest of the Trossachs started by Grant Moir, now Chief Executive of the Cairngorms National Park Authority, Kevin Findlater, former Chief Inspector with the police and others, has let that go and has nothing to replace it.   Visitor Infrastructure and management is therefore a shambles with all resources being diverted to policing the unenforceable camping byelaws.

 

The way forward therefore is the creation of a stakeholder group for Strathard – which in my view should be independent of the Park Authority who at present cannot be trusted on anything but be supported by it (in terms of staff time and resources) – whose mission should be to develop a plan for Strathard.   Such a group needs to consider the infrastructure and other issues identified by local residents as well as wider interests.

 

I would hope that such a plan included the following as starters:

  • proposals to develop a network of small campsites linking across the area (within which any proposal for a new campsite at Ledard farm could be judged)
  • the potential to introduce public transport at weekends and holidays (using school buses) to enable some increase in visitor numbers without encouraging more traffic
  • a reduction in the number of formal pitches at Loch Chon (which would be easy to achieve since many are already being overrun by vegetation) and abandonment of the current rules banning campervans from staying in the carpark or tents from pitching by the lochshore
November 15, 2016 Nick Kempe 2 comments
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Walking the Aviemore to Kincraig section of the Speyside Way on 30th December 2015. Much of the walk was then marred by pylons which I understand are due to be removed.

The Cairngorms National Park announced last week it has won a planning quality award for the extension of the Speyside Way from Aviemore to Kincraig (http://cairngorms.co.uk/planning-award-for-speyside-way-extension/):

 

“The judges praised the Park Authority for its partnership working, community consultation and sheer determination over a decade to develop the best off road route to connect Aviemore to Kincraig.

This included the first use of a Path Order in Scotland to secure rights to develop the path on the preferred route”

 

I think the staff involved do need congratulating on their persistence but the time taken to deliver this path and the walking experience demonstrate that our access legislation is still very weak when it comes to creating new paths and that our landowners still have far too much power.  The basic problem was that the Kinrara Estate objected to the Speyside Way crossing its land, even under an electricity wayleave, and it required two consultations in 2005 and 2007, approvement in principle by Scottish Ministers in 2009, then a path order which required a public inquiry before being approved in June 2012.  Three and a quarter years later the extension opened in September 2015.

 

No wonder the Ramblers Association cited the Speyside Way extension in its submission to the Land Reform Review Group in 2013 in the part of its submission which dealt with “Failure to expand path networks”:

 

“While core paths plans are now drawn up, that does not mean they are being
implemented on the ground – and core paths comprise just a small proportion of the
entire path network. As noted above, access authorities seem reluctant to use the
powers they have within the Act, and this includes powers to use compulsory purchase
or path orders. Just one path order has been used in Scotland, to extend the Speyside
Way, and this followed many years of fruitless discussion with the landowner
concerned. Much time is spent on negotiating with landowners across Scotland who
are resistant to public access, with the public becoming increasingly frustrated with
plans for path networks that they have helped to develop but which produce no change
on the ground. It is inconceivable that transport departments would spend so long
negotiating routes for new roads and yet paths do not have the same status despite
potentially being of huge public benefit.”

 

Now I don’t believe the ten year delay in getting the path off the ground was either the fault of SNH (who had started on plan for the path) or the Cairngorms National Park Authority who took on the work c2009.  However, neither highlighted the case to the Land Reform Review Group (indeed from a trawl through the responses the CNPA did not even make a response).  I think this is wrong.  Our National Parks should be trailblazing when it comes to new paths and if they do not have sufficient powers to do this effectively they should be highlighting the issues to the Scottish Government.

 

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The extension also raises significant issues in relating to the quality of the walking experience which the CNPA has simply not mentioned.  Indeed in their news section they claim “we built the path on the best route for both visitors and local communities”.   That is a matter of opinion but I think if the CNPA asked the public they would disagree.  As one foreign visitor said, the trouble with the Speyside Way is that it avoids the river and this is very true of the  new section.   Of the c8 kilometres of new path, only c2 km, near Kincraig, are by the Spey.

 

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Speyside Way, the thick brown line.                                                          Map Credit CNPA

The problem was and still is that the Kinrara Estate did not want people walking along the river, despite having a right to do so, or Bogach, the loch north of the Duke of Gordon’s monument which is a great place to watch ospreys fishing.  Unfortunately our public authorities were not strong enough to stand up to the estate and the result is the Speyside Way avoids all the best things places to visit in the area.  A missed opportunity.  I would advise anyone who wants to experience the best that Speyside has to offer should find their own route rather than follow the Speyside Way until close to Speybank.

 

Apart from the route it takes, the path provides a good illustration of a number of access issues.

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While Network Rail don’t actually say here you will be prosecuted for crossing the line the message is unwelcoming. Railway crossings are a problem across Scotland but surely our National Parks should be trailblazing solutions with Network Rail which facilitate access rather than stopping it?  The new gate and sign looked to me like a response from Network Rail to the creation of the Speyside Way.
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While the wooden fencing has been done to a very good standard the overall experience is one of being hemmed in and kept away from nature. Compare this to walking along a river bank.  Openness is important to walkers and rarely have I seen such a constricted path.
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The landowners concerns, however ridiculous – they appear to believe that cyclists or runners risk colliding with wildlife – show why all the fencing is in place.
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Another  ridiculous sign. Note the two dog proof fences on either side of the path – there is  nowhere for a dog or people to go. Arguably, because of the new fencing, the creation of this section of path has made access worse not better. What is the point of access if you cannot step off the path and go and sit under a tree?
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Nature beats planning!

 

 

img_1453-copyOur access legislation means that people can walk the Speyside Way extension and all the land around it whether the landowner agrees or not.  Unfortunately the CNPA had not for whatever reason managed to get the owner of this wood or the Forestry Commission to remove this sign which is not compliant with the Scottish Outdoor Access Code.

 

What should the Cairngorms National Park do about the Speyside Way extension?

Despite my criticisms, the extension is a new path and that is a plus. I think it is important though the CNPA does not in any way suggest that the Speyside Way is the only or main walking route between Aviemore and Kincraig.  I would suggest the CNPA:

 

  • Removes the signage which is not compliant with the Scottish Outdoor Access Code
  • Produces a plan to reduce the fencing along either side of the path to improve the quality of the recreational experience
  • Signposts alternative routes, including how to follow the Spey itself
  • Stops the spin and say how it really was for the staff involved
  • Use this example to argue the need for Access Authorities to have stronger powers to create new paths in the places people want to visit

I also suspect that if the CNPA had treated organisations representing recreational users, Ramblers, cyclists and horseriders as true partners, many of the problems with this path could have been avoided.  The Ramblers, for example, have long campaigned again signage such as is evident on the Speyside Way extension and I believe if they had been involved it would not have been tolerated.

October 3, 2016 Nick Kempe No comments exist
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Morrone hill track. The track is extremely broad and neither the centre of the track nor the spoil which was dumped on either side of it has re-vegetated (years after it was first bulldozed) increasing the visual impact

I walked over Morrone from Corriemulizie by Braemar last Monday on a showery day.  What I saw got me thinking about what the draft Cairngorms Partnership Plan said about paths and tracks.  The public consultation on this ended officially this weekend but people can continue to influence this.

 

The plan says nothing about the state of hill tracks in the mountains in the National Park, although we know this of concern to the Cairngorms National Park Authority because their planning committee has agreed some (limited) action to ensure new hill tracks meet minimum standards, most recently on the Dinnet Estate.   There is nothing however in the Plan about the potential to reduce the visual impact of existing hill tracks.  Whereas 20 years ago there was a recognition serious mistakes had been made in constructing tracks into our mountains, which led to the programme of track removal by the National Trust for Scotland on Mar Lodge, the issue now appears to have disappeared from the National Park’s agenda.  The arguments for action are I believe as strong now as they were then.p1010995-copy

Standards of construction continue to be very poor. Behind the now useless drainage pipe, on the col below Morrone, you can see where material from the tracks has washed out over the moor.

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The Morrone summit station is a complete eyesore.  The latest communications hut and mast has been brought to the summit by trailer.  This could have been helicoptered in removing the need for such a broad track.

 

 

Descending Morrone to Braemar the top section of the hill path has turned into a broad erosion scar whose visual impact is as great as the hill track. Unlike hill tracks though at least there is a programme to improve the condition of hill paths in the National Park through the Mountains and People Project.

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Top section of the Morrone hill path has been eroded by feet to create a broad scar that is still widening as people take the vegetated ground on either side which is easier walking and less hard on the feet

There are well tested techniques that can fix this type of erosion scar, which involve creating a better surface for walking, restoration of vegetation and designing the path so people do not walk across the vegetation in future.  You can see the outcome of such techniques lower down the hill where path repair work has been undertaken.

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The broad erosion scar starts on the skyline where previous pathwork ended.  This water bar needs some further work and was possibly never properly finished.
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Good path construction lower down has reduced the visual impact of the paths to practically nothing. You cannot see where the path is taking you 100m ahead.

Unfortunately, the CNPA draft Partnership Plan, while supportive the Mountains for People project, does not appear to accept that the state of our hills paths should be a core responsibility of the National Park.   There is NO analysis of the state of the path network in the hills or of how much investment is needed to bring them up to and maintain them in an acceptable condition.  Now, I am delighted that the Cairngorms Outdoor Access Trust has got funds to repair hill paths through the Mountains and People Project but, to take the Morrone example, its unclear if this is part of the programme (I could not find a list of the hills included on the COAT, Mountains for People or CNPA websites).

 

And that’s the point, the National Park should have an inventory of all the eroded paths in the National Park and a plan of how it will address these.  This, along with its failure to have any plan to reduce the visual impact of hill tracks, is I believe a major omission from the draft Partnership Plan.  Without such a plan, there is a real risk is that the people being trained up through the Mountains and People project will have no jobs to go to – there needs to be a long-term vision and programme to sustain jobs.   Part of this could include estates being required to use the expertise of the Cairngorms Outdoor Access Trust and its small workforce to repair all the damage that has been caused through the bulldozing of hill tracks.   There is a real opportunity here for our National Parks to take a lead and demonstrate best practice and I hope the CNPA take up this challenge in the final version of the Partnership Plan.