With 12 years collective learning since the implementation of the Land Reform (Scotland) Act 2003 (the Act) and the Scottish Outdoor Access Code (SOAC) in 2006, one might expect the core principles enshrined in both to be embraced by the agencies charged with managing access and enforcing the legislation.
From experience I’ve generally found that access officers genuinely try their best to enforce the legislation and ensure that rights to responsible access are upheld and there are some notable success stories.
One agency which has caused me concern is the Forestry Commission / Forest Enterprise Scotland (FCS) which, in my view, could do a better job of managing access especially when using signage, and the following two examples illustrate the point.
The first photograph taken in August is a ‘Glenmore Wild Camping’ sign located on the beach to the west of the Watersports Centre at Loch Morlich. This declares “no camping” is permitted along the north and north east shores of the loch.
My enquiries established that FCS erected the sign, for which no derogation from the access legislation was in place; it is not compliant with the Act and section 4.7 of the SOAC. Both state that land managers must “respect access rights in managing land or water” and “for the purpose or main purpose of preventing or deterring any person entitled to exercise access rights from doing so, you must not put up any sign or notice”.
The SOAC is clear that “Access rights extend to wild camping [which is] lightweight, done in small numbers and only for two or three nights in any one place. You can camp in this way wherever access rights apply.” We can conclude that the beach at Loch Morlich is an acceptable location under the Act and SOAC for wild camping.
I reported the sign to the Mountaineering Scotland Access and Conservation Officer and to the Cairngorms National Park Access Officer at the end of August. The former followed up promptly and obtained the following reply from the Recreation Forester for the Inverness & Strathspey Forest Areas:
“The reason behind the signage was an experiment this year to try and combat the campers that are certainly not following the SOAC code within the reactional (sic) area of the carpark and beach at Loch Morlich. So far this has been successful with would be campers moving to the area indicated via our map and appreciating that we are trying our best as land managers to try and accommodate those who for whatever reason do not wish to use the campsite within the forest park. With the reality of many dozens of campers pitching up on the beach you must appreciate that we have had to do something. Thank you for the feedback with regards to the content of the notice we will obviously review this now that the busy season has just about finished and look how we improve it for next year.”
That was in August and I was advised by the CNPA Access Officer last week that the signs had been removed … at the end of October. Coincidentally, that is when numbers of people camping tends to drop (the end of the Camping Management season in the Loch Lomond and the Trossachs National Park was originally proposed for October until Scottish Ministers reduced it to the end of September).
Well done to the Access Officers concerned for obtaining FCS agreement to remove the signs and the admission that the sign was an experiment. However, the key point is that the signs shouldn’t have been there in the first place and by undertaking this ‘experiment’ FCS staff acted outwith their responsibilities under the Act.
The National Access Forum (NAF) of which FCS is a member has provided guidance to land managers concerning the management of informal camping and this states:
“Informal camping often takes place in a way that is entirely responsible, with campers choosing an appropriate location and leaving no trace of their presence. If you do encounter behaviour that conflicts with the guidance in the Access Code but is not a criminal offence, a sensible course of action is to talk in a friendly way to the people involved, as it may just be thoughtless or the result of a lack of awareness. People will often modify their activity if they understand the reason for doing so. Ask them to change their behaviour, explaining if necessary that their actions are outside access rights. If they refuse to do so, they could then be asked to leave.”
It continues:
“Local Authority and National Park Authority Access Officers can offer advice on good practice visitor management options. Where the issues involved are more complex, the local access forum may be able to offer advice in identifying appropriate management approaches.”
NAF guidance on informal camping suggests land managers should consult with recreational organisations, which are also members of the NAF, but this clearly hasn’t happened on this occasion.
A further example goes back to August 2016 when I photographed another FCS sign near the Loch Morlich Watersports Centre (above). This was also not compliant with the Act or SOAC and after it was reported by the then Mountaineering Scotland Access Officer it was removed. It clearly stated that “camping by your car isn’t wild camping and isn’t allowed by the code so please don’t park here overnight”
Access rights do not extend to motor vehicle access, and outwith the public road parking is subject to land owner’s permission under the legislation, however the sign confuses whether or not cars can be parked overnight at the location with whether camping by a car is or is not wild camping. Parking restrictions excepted, there is no restriction to wild camping by your car.
What needs to happen?
FCS staff need to be fully aware of their obligations and responsibilities under the Act and SOAC and engage with National Park Authority and other Access Officers and recreational organisations where there are issues relating to wild camping or other access matters, before taking matters into their own hands.
As someone who works at Loch Morlich there is nasty tone to pretty much everything you write which really spoils the intent of the site.
However “legal” you want to be camping round Loch Morlich is a huge problem particularly when it’s right next to a campsite and I personally support all these efforts to deter stupid camping. What are you doing?????
How about supporting the efforts of the staff who have go round face these idiots and clear their mess up after them.
Being a keyboard jockey is far to easy isn’t it!!!
Thank you for the comments. The point about the article is that there is a legal framework (the Land Reform (Scotland) Act 2003) and practical guidance (Scottish Outdoor Access Code or SOAC) provided to land managers such as FCS which enables them to work with the police, CNPA access team, recreational and other organisations to seek solutions for anti-social camping at the loch. Irresponsible camping is illegal and the SOAC is clear about the range of actions which should be taken. I hope FCS will work in partnership with these other organisations to try and find a solution as this could enable a joint approach including help to support the staff who have to deal with those acting irresponsibly. But use of misleading signs is also contrary to the legislation and guidance.
Well,
Great reasoned response, hit all the right points and will achieve no action / nada….
I conter that more benefit was done in the summer with those signs to address an issue that is directly affecting the comminutiy today than your proposed approach will ever do. We live in a real / pragmatic world mate and that needs recognising.
Why not just accept both approachs are best…lets leave the signs up next summer, see how that goes and then review how all the agencies got on. We’ll have a win-win and everyone will be happy. Loch Morlich is a real hot spot and is suffering today.
Also, I’ll leave you with a challenge. Let’s both contact TripAdvisor and advise them that the reviews left on their site regard regarding Loch Morlich should be removed because they disrepesct the Land Reform act and the SOAC.
We’ll see what response we get.
It’s a real world mate, recognise it.
Hi Angus, Loch Morlich is a hot spot not just because a few people camp along the shores of Loch Morlich (in part because of the lack of cheap basic camping facilities) but also due to numbers of day visitors and cars. This has had impacts over many which have permanently changed the shoreline on the road side of loch (loss of vegetation etc) which I think just need to be accepted: the pleasure that people get from the beaches is far greater than any conservation benefit that would come from restoring them. Within this context, if a few people camp on shores as per access rights, so what? Irresponsible behavior should be dealt with as it always was and that is by the police using the many lawse have to address issues. The issues with the signs are they are contrary to access rights and if FCS really want NO camping in any circumstances here they need to get a derogation from the law, ie more byelaws. I would suggest that, as in the Loch Lomond and Trossachs National Park is totally unnecessary. Signs could, without wrongly stating that camping is NOT allowed here, encourage people to stay in campsites (there is a desperate need for low cost provsion) or suggest that if people do need to stop off overnight they pitch late and leave early and if they want to stay longer than a night to consider camping somewhere else further away from the road. Such an approach would be both within the legal framework and the spirit of access rights.
“Irresponsible behavior should be dealt with as it always was and that is by the police using the many lawse have to address issues”
Mate, your grasp on reality is sadly lacking……the police can’t even deal with the demands they have on them now without driving miles to deal with a bunch of drunk campers….and aresehole campers don’t have a scoobie on the access code….
Loch morlich this weekend great spots up there plenty firewood better than spending crazy money for crap accommodation in town
The last time I was there two fish jumped clean out the water landed straight on the bbq after somehow gutting themselves on the buckfast bottle I disgarded the month before, it was really annoying that nobody had even bothered to pick it up ! Do the locals not care about the place ? Luckily I was rather hungry and never let my most fortunate meal go to waste. I love scotland
I also work at Loch Morlich. The shores and beach area of Loch Morlich are in danger of becoming a ‘party camping’ spot. The issue is not with responsible wild campers but those with no knowledge or care even less about SOAC. (Glenmore forest fire 23.7.18)
A quick look at the Loch Morlich trip advisor reviews will lead to visitors commenting on how they have had their experiences spoiled by “wild campers who use the woods as a toilet……….” (review 21.8.18) and again on 31.8.18 “Soiled tissue paper on the path”
I applaud the FC for trying to reduce the problem. I think that you should be supporting the staff and organizations that try very hard to keep this special area clean and litter free.
Happy to meet you on the beach any Sunday morning during the peak sumer, you can help with the clean up – don’t worry – I’ll provide the rubber gloves.
Fully agree that staff and organisations should be supported but such organisations should surely seek support through the proper channels rather than using inappropriate signage, however well-intentioned. There are public toilets provided in the woods between the beach and Glenmore Campsite and presumably visitors are permitted to use these 24/7.
There is a problem with anti – social camping at Glenmore and Loch Morlich. The FC came up with a simple and cost effective solution – signs advising where, and where not to camp. This solution worked and inappropriate camping was reduced. Parks watch has now published a post criticising a workable local solution.
Spot on mate…
Let’s be honest you dont own the place!! You work there and earn a living, its none of your business how people use the place. Just don’t work there, move on and get over it if you’re not happy with people camping….simples 🙂
The sign also fails miserably in that it does not recognise that disabled people go camping and have no option but to park next to their tents it’s a disgrace but it fits the all campers are bad syndrome that afflicts many people.
I think you have been selective in your quoting of the SOAC:
‘Access rights extend to wild camping. This type of camping is lightweight, done in small numbers and only for two or three nights in any one place. You can camp in this way wherever access rights apply, but help to avoid causing problems for local people and land managers by not camping in enclosed fields of crops or farm animals and by keeping well away from buildings, roads or historic structures. ‘
‘Keeping well away from roads’………………….thus camping by your car (which has to be near a road) isn’t exactly compliant; I’d argue its very much a ‘grey area’ and wasn’t in either the intention, or in spirit of the Land Reform Act. I would say that those suggesting that car camping by the road ‘is’ covered are twisting the interpretation.
Agree the signs are none compliant, but not for the reasons the author states!
The sentence you refer to is quoted verbatim from the SOAC. Camping rights extend to everywhere where access rights apply and the terms ‘informal camping’ and ‘wild camping’ are not mentioned in the Land Reform (Scotland) Act 2003. The National Access Forum 2006 guidance paper “Managing informal camping under the Land Reform (Scotland) Act 2003” states: “Camping is therefore a legitimate activity wherever access rights apply, including some locations close to roads, subject to responsible behaviour and any restrictions resulting from other legislation, including byelaws – for example concerning car parking”. The document is available online:
https://www.outdooraccess-scotland.scot/sites/soac/files/docs/managing_informal_camping_under_the_land_reform_scotland_act_2003.pdf
Angus, I didn’t realise that you and David Gibson were ‘Mates’
From 1982 until the Forestry Commision decided to hand over the running of the site to the current national Caravan type club myself and family camped on the site contiously, year after year. That was until my wife and I rolled up in our car with a 2man tent to be told it would cost us £27 a night……What. Oh and if we were members it would be cheaper. Members!!! Why should we be members of campsite that is owned by the Forestry Commision which as far I know belongs to the country which means that it surely belongs to us. If that campsite were to charge realist prices then perhaps they might not have a problen around loch and probably their revenue would increase by the numbers using it.
More than 50 tents plus camper vans on Friday 17th July 2020. No supprise that the fire brigade were there. (with police support) . A number of us commented on the original post and all the chickens have come home to roost.
I’ll be there clearing up the mess tomorrow morning – will Parkwatch get their rubber gloves on and help with the cleanup?
Ask LLTNPA park and Scottish gov it was them who allowed the camping bylaws in the Trossachs forcing people further afield ie Loch Morlich Loch Rannoch (not rocket science )
And may I add looked for a camping spot anywhere in the entire Trossachs on Friday at 3pm and there were was not one spot (even though there are thousands) according to LLTNPA website so prior to blaming parkswatchscotland think about how limited camping in certain areas will affect camping in other areas people do have cars nowadays can and will travel feel free to complain Scot gov.com
The Aviemore and Glenmore Community Trust met with Glenmore Residents and Businesses on Wednesday evening, our primary focus to update the community on our intention to make an application for community asset transfer (CAT) for the Glenmore Visitor Centre however we took the opportunity to facilitate a meeting with the community and key stakeholders regarding the valid concerns of fire risk and anti-social behaviours.
The meeting was positive with a lot of ground covered and good outcomes with strong support for the CAT of the Visitor Centre and unanimity supporting the need for urgent action and for By-laws to be introduced and as agreed at Wednesday’s meeting the Trust have written to the Cairngorms National Park Authority to formally request that they initiate the steps required for By-laws to be introduced to the Glenmore Forest Park.
In particular, we ask there be a By-law prohibiting:-
1. The lighting of any fire including any charcoal barbeque within the forest areas of Glenmore including the beach and foreshore of Loch Morlich
2. All camping on the beach and foreshore of Loch Morlich, and in particular with 100 metres of the Loch other than on a designated campsite.
By keeping the request for By-laws specific the Loch Morlich we believe this an appropriate and justifiable solution to minimise the anti-social behaviours we have all witnessed, to give powers to support our rangers with any necessary re-enforcement, to protect the special environment and reduce the very real safety concerns regarding fire risk for the community.
We ask for your support for the introduction of Glenmore By-Laws.
The usual Scottish response to visitors, then. “Don’t pay – go away!”
“Welcome to Scotland, get your money out.”
“by keeping the request for by laws specific” we quietly achieve by incrementalism what we cannot achieve openly by national legislation because it would never be accepted by the public, and also increase the hostility to visitors by having every small area subject to slightly different arbitrary rules which you are just expected to know.