On Saturday, I walked with friends up Lochnagar from the old Invercauld Bridge, through the Ballochbuie forest and then across the moor to scramble up the Stuic. Shortly after the start, at a junction, we came across this sign at the start of a road leading off to our right . While apparently intended to divert people along the river Dee on the line marked in red, there was no sign on the road heading directly south-east to the Glen Beg burn, which cuts the corner, and we took that. Not that long afterwards we entered the Ballochbuie Natural Regeneration Project area which is surrounded by a deer fence.
Clause 3 of the Land Reform (Scotland) Act 2003 requires land owners and managers to act responsibly and not interfere unreasonably in the ability of people to exercise their access rights. The general principle underlying the Scottish Outdoor Access Code is that any restrictions on access for the purposes of land-management should be for “the minimum area and period of time required”. The undated Balmoral sign attempts to close one road for another five months and, judging by the map, was also possibly used at one point to stop people using the section of road we took between the junction and the Forest Regeneration Project.
The Scottish Outdoor Access Code contains specific advice about shooting deer in woodland:
Signs shouldn’t be needed, so what makes it so necessary to erect a sign and advise people to use a different route in this case? We neither saw nor heard any evidence of stalking activity and it is inconceivable that this could be happening on a daily basis for the next five months.
In an added twist, the Heading for the Scottish Hills website (see here) reveals that the Balmoral Estate provided the following information for 2020:
There is no mention here of any diversion and indeed the implication is that the path from Ballochbuie (used by Queen Victoria) is always ok. It appears that different people at Balmoral are dealing with stalking on the open hill and stalking/culling deer in the forest and the right hand doesn’t know what the left is doing.
The first draft of the Land Reform Bill which eventually resulted the creation of access rights specifically attempted to exempt land on the Balmoral Estate from those rights. There is no evidence to suggest that this was at the request of the Royal Family, who have generally welcomed visitors and made the Gelder Shiel bothy available for use by the public for many years. I doubt the Queen will be aware of this attempt to restrict access to part of the Ballochbuie Caledonian Pine Forest. Rather, it appears that someone in the Ranger Service, who should have known better, has decided that they could interpret the law as they pleased. The result is one of the worst examples I have come across since access rights became law in 2003 of land-managers trying to use deer management to justify access restrictions.
Most estates now state that there is no stalking on a Sunday – with the implication that you can walk anywhere without fear of disturbing deer management – and so does Balmoral…….. but not at Ballochbuie.
Many estates now advise the public that they won’t disturb stalking if you keep to tracks and ridges, and so basically does Balmoral………..but not at Ballochbuie.
This matters because ever since Queen Victoria Balmoral has set the standards for how landed estates are managed in Scotland. The risk in this case is that it sends the message to other landowners that it is acceptable to try and exclude people from walking in areas of native woodland for lengthy periods of time, and all this in a National Park which has a statutory duty to promote public enjoyment of the countryside.
The sign is unlawful, needs to be removed and I have reported it to the Cairngorms National Park Authority. It will be interesting to see how quickly it comes down and whether Balmoral issues any form of apology.
This sign was there in March 2020 and looking closely at the staples here they look new so perhaps when the old one gets tatty a new one get posted. Deer management, a hopeless case?
Very helpful, will let the CNPA know.
The sign was there in late 2019 so it is probably put up every year. Yes, it is yet another example of a hopeless attitude towards deer management as exhibited by those in charge of Balmoral estate. This is why the Scottish Government’s Deer Working Group called, in Dec 2019, for a special investigation by the Scottish Parliament into deer management practice on Balmoral and other estates in the Caenlochan Area. This reflected the repeated failure by these estates, over at least the last 15 years, to meet the objectives of government control schemes aimed at getting deer numbers in balance with montane and woodland habitats. The DWP report states (page 277): “The position at Caenlochan with s.7 agreements over so many years has involved on-going negotiations, repeated deer counts and habitat surveys, as well as culling assistance, and these costs are continuing due to a lack of progress with habitat improvement and a significant increase in deer numbers in the area in recent years. There has been very substantial public expenditure over the years at Caenlochan with a lack of apparent progress” . So, while the Royal Family are telling the rest of the world, very effectively, how we must all work to save the planet from habitat destruction, on their own estate at Balmoral they are demonstrating an inability to properly control deer numbers, as explained in the DWG report, and to comply with the requirements of the right to roam legislation, as demonstrated by this sign. They should be setting a better example, as a matter of urgency.
Just back from Skye. A few signs saying no camping, on the mainland at Sands of Moray counted 5 signs no camping and a few saying no trespassing some one had them made specifically
Perhaps you need some “these signs are illegal” stickers – but that’s probably illegal 😉
Stickers I believe will only get you into trouble if peeling them off would damage the sign. A felt pen with delible ink should likewise be ok.
Please report them to the local access authorities,Highland Council and Moray, and send them photos if you have any
I coming across a lot of signs. Last Tuesday kayaking Loch Lomond, the house were the boy on the Loch in positioned just down from Luss they have signs near the shore no trespassing private ground. The Sands of Moray the council have to large public signs clearly saying this is not a camp site. The council are playing with spelling. I come a cross signs no campfires is this leagal Nick Personally I don’t care for campfires but what is the Law