After my post last week (see here) on attempts to stop people exercising access rights post-Covid, I was sent these photos from Ledard Farm in Strathard.
The Land Reform Act gave people the right to access fields with livestock and the Scottish Outdoor Access Code states this clearly:
“Access rights extend to fields with farm animals, but remember that some animals, particularly cows with calves but also horses, pigs and farmed deer, can react aggressively towards people. Before entering a field, check to see what alternatives there are. If you are in a field of farm animals, keep a safe distance and watch them carefully. If you have a dog with you, see the guidance on dogs.”
The Guidance on dogs states:
- “Don’t take your dog into fields where there are lambs, calves or other young farm animals
- If you go into a field of farm animals, keep your dog(s) on a short lead or close at heel and keep as far as possible from the animals”
The signs are therefore clearly unlawful.
They appear to have been erected by none other than Fergus Wood, farmer and owner of Ledard farm, former Councillor and former Board Member of the Loch Lomond and Trossachs National Park Authority. A few weeks ago I set aside past differences with Mr Wood and praised him for calling publicly on the Call Kaye show (see here) for farmers to open up their fields to provide additional car parking. While I can appreciate farmers would want payment for doing so, there is absolutely no excuse for him or other farmers trying to stop people from exercising their access rights to enjoy the countryside.
Unfortunately, through saying one thing and doing the opposite, Mr Wood threatens to undermine the credibility of what he was saying on Call Kaye. His proposals there remain sensible, his actions unlawful.
That the LLTNPA’s Ranger Service, who pass by these gates on a regular basis while “policing” the camping byelaws in Strathard, have not noticed this signs and taken action, provides further evidence of the National Park’s failure to defend access rights.
Yet another example of the National Park rangers failing to do their job properly. Maybe some re-training on the SOAC is required?
In a very similar case, not only did LLTPA take action as the Access Authority, they actually took it all the way:
http://www.scotways.com/images/pdf/Drumlean_CoS_Note_Scotways_Combe.pdf
I wonder where the impetus came from for the action in that case, I doubt if access issues are seen as part of the Rangers remit. Giving unsolicited and unwanted “advice” to members of the public who are doing nothing wrong is much more their cup of tea.
Perhaps the Rangers are doing their job and what their doing is deliberately
Nick,
You obviously have no concept of the many problems of letting the general public into enclosed agricultural fields with livestock in them. People have the right to pass through my land to climb Ben Venue on the other side of the road -and I welcome them! But to go into my livestock fields to picnic on the shore, play football and exercise their dogs -all of which have happened this year on a number of occasions -is showing a disregard for my rights as a farmer to the protection of my livestock.
We have to litter clear our fields on a regular basis to protect our stock -we have lost lambs for eating plastic rubbish, Litter includes nappies, tampaxes, even used condoms -and, of course human waste and used toilet tissues. Glass from broken bottles is another threat to my sheep. We also have had trees destroyed on the lochside people using them as fire hearths.
You obviously don’t understand the needs and problems of country folk trying to make an honest living
We have a community field at Kinlochard which gives safe access to the general public but It is overused and abused.
This why I am in favour of temporary pop-up car parks -with toilets.
Thanks for replying Fergus. Central to our land reform legislation is that both people enjoying access rights and land managers have responsibilities. The way to deal with irresponsible behaviour from visitors is not to put up signs like these and the Scottish Outdoor Access Code clearly states that land managers should avoid actions that deter access (see here). Whether people going into a field are showing a disregard for your rights as a farmer depends on how they do it, ie whether responsibly or not, yet you appear to be trying to stop all access to your fields. I would suggest a polite sign when sheep are in the field suggesting other places where people can access the loch shore and avoid livestock would solve most of the problems you may have experienced and if there are not enough such places, I will gladly join with you in calling for them from a National Park which was set up to resolve these issues. But please take down those signs and stop trying to present our disagreement as a dispute between ignorant city people and honest country folk. Such arguments will take us nowhere.
This is why the legislation was necessary – every landowner has their own reasons why in their mind their situation is “different” and justifies refusing access.
Once again, illegal behaviour is a matter for the police, not a justification for restricting the activities of the law abiding.
OK Nick,
I am heading to your house to wild camp at your work station.
Now I could be well behaved and clear up my rubbish etc, but alternately I could leave my rubbish strewn all over your house, leave a stereo blaring leave my bike in a doorway stopping access to your property.
Ah yes if you put up a polite notice telling us there is a nice hotel along the way that will of course not happen.
Even yesterday in my own remote part of Scotland, I had a muppet dump his car in a gateway and bugger off and another one drive along a private track looking for a waterfall. All perfectly acceptable.
Good form with Mr Woods address aswell.
I was not objecting to the no parking sign, farmers need access to fields and there is a parking area just by this gate. I would be interested to know how close the nearest parking area is to the gate where someone parked in your area. Increasingly, I saw landowners and public authorities blocking off verges, leaving people nowhere to park but I would be delighted to hear there is sufficient parking for the public in the remote area you live. As for litter etc, all these issues also occur in towns and for many of the same reasons. When our local community got a litter bin installed by a local pedestrian bridge over the railway, the litter there dropped something by 90%. The main problem now is when it is not emptied. Both rural and urban areas need good services and visitor facilities.
In 2002 I gave evidence, as the Director of Ramblers Scotland, to a Scottish Parliment committee that was considering the Bill that produced the Land Reform (Scotland) Act 2003, which included the “right to roam” legislation. Before the committee session all the MSPs and witnesses were invited to Ledard Farm where Fergus Wood demonstrated an excellent new path which diverted an existing route through his farmyard and made a much way to and from Ben Venue. The short diversionary path was funded by Stirling Council. Today we have a national park in place but increasingly the impression is being given that their ability to solve visitor management problems is less than the local authorities that preceded them, despite the increased financial resources available to the national parks. Perhaps the next Scottish Parliament should abolish the existing governance and staff structures of our national parks, divert the public money saved to the local authorities instead and establish a new National Park Service within the Scottish Government. The main focus of the NPS, a small body of experts, would simply be to advise ministers and local authorities on the regulatory requirements and financial incentives needed by local authorities within the designated national park areas so that national and international standards for environmental and economic development in national parks are maintained or exceeded. Surely that would provide Scotland with a world class national park system far better than the present arrangements, with much better value for public money spent?
Excellent proposal from Dave Morris. The status quo is not working- certainly not in LLTNP. Change must happen, plus an opportunity to create new National Parks in other areas of Scotland which has far too few given the extent of wild areas in Scotland.
Had the long running “experiments” of creating two National Parks in Scotland proved a wholesale success, then fresh proposals to create a few more might be sensible. It has become rather obvious that the management model used for running the existing parks has not worked at all well. Meanwhile Holyrood has resorted to a “Hands-off” stance. This has left a muddle of funding cut backs. The creation of Police Scotland was responsible for the closure of all regional headquarters, and dispersal of local staff ,which might have assisted Park authorities by virtue of historical local knowledge. Park authorities need also to accept one fundamental: they are all public servants. Appointed Officers serve as custodians of these places. Individuals serving on park boards do not become “landowners”. If also modeled on the present under funded and dictatorial (“favoured” nominee) management system across Scotland, any increase to Scotland’s National Parks would be just as chaotic. It would be pure folly.
Hurrah 5 muppets today with that entitlement to allow themselves to park in a field gateway.
Yip these self individual’s with their German expenso wagons see it fit to stop working folk in the countryside getting on with their jobs, so they can save their wee leggies that 200 yard walk on their 4 hour walk.
Parkwatch yip, carpark watch, wish I could post a picture of the stupidity.