Tag: access rights

January 29, 2023 Nick Kempe 8 comments

On Monday, a special meeting of the Loch Lomond and Trossachs National Park Authority (LLTNPA)  is being held to consider and approve a report to Scottish Ministers proposing revisions to the byelaws which govern boating on Loch Lomond (see here for papers and to get a link on the day to watch the meeting, which…

January 18, 2023 Nick Kempe No comments exist

The Loch Lomond and Trossachs National Park Authority (LLTNPA) strongly welcomed the Drumlean judgement (see here) and issued a news release following Lord Clark’s initial decision in the Gartmore core paths case (see here), the subject of this post.  So far, however, they have said nothing about the decision of the Inner Court of Session,…

January 12, 2023 Calum Macintyre 4 comments

DC a Young people in Scotland who have grown up with the Right To Roam should be seriously concerned at attempts to erode and misinterpret this important legislation. It was with great concern that I read the posts a few weeks back (see here) and earlier this week (here) about the attempts from some in Scotland…

January 9, 2023 Nick Kempe 28 comments

On 20th December 2022, four and a half years after the Drumlean Case (see here), Lord Carloway and two other of Scotland’s most senior judges issued another judgement in the Court of Session (see here) which described access rights as “the right to roam”: “[1] The Land Reform (Scotland) Act 2003 introduced new rights of…

December 9, 2022 Nick Kempe 19 comments

The term “access taker” appears to be becoming part of lexicon of those charged with overseeing access rights, including our two National Park Authorities. While messages directed to the public don’t yet use the phrase (see here) – “welcome access taker” has a horrible ring – behind the scenes this is how many access officers…

May 18, 2022 Nick Kempe 2 comments

Last month, in a great piece of investigative journalism (see here), Rob Edwards from the Ferret obtained a copy of a document called the “Salisbury Crags Rock Risk Management Options Appraisal 2021” from Historic Environment Scotland (HES).  This revealed that HES are seriously considering trying to close the Radical Road in Edinburgh permanently.  Although I,…

February 6, 2022 Nick Kempe 3 comments

Following my post on Fires, hypocrisy and access rights I was alerted that Highland Council, rather than fulfilling their statutory duty to uphold access rights, had themselves been putting up “No Fires” signs. These signs are contrary to the Scottish Outdoor Access Code (SOAC) which was approved by the Scottish Parliament: The meaning of “Wherever…

January 8, 2022 Nick Kempe 7 comments

On 28th December Cairngorm Mountain Scotland Ltd (CMSL) issued this sledging policy on their website and a similar statement on their facebook page. It epitomises everything that is wrong with the current management Cairn Gorm and is unlawful. The statement appeared to have prompted by the bedlam at the patch of snow that has been…

December 16, 2021 Nick Kempe 10 comments

The Cairngorms National Park Authority (CNPA)’s consultation on their draft National Park Partnership Plan (NPPP) officially closes on Friday, apparently at 5pm.  So far, I have only considered the draft plan from a climate and nature conservation perspective but will continue covering other aspects of the plan after the consultation closes.  Before that, however, I…

October 23, 2021 Nick Kempe 4 comments

After my post on NatureScot and the Scottish Countryside Rangers Assocation’s statement on the role of countryside rangers in Scotland (see here), a couple of readers questioned whether access rights were being afforded any more respect on the ground as opposed to what is being said in the policy world.  They were right to do…

August 27, 2021 Nick Kempe 13 comments

When the Scottish Parliament resumes in Edinburgh on Monday, MSPs should go and take a look at the access problem that is visible from their doorstep.  The Radical Road below Salisbury Crags has now been closed by Historic and Environment Scotland for almost three years following a rockfall.  The prolonged closure raises issues of national…

August 15, 2021 Nick Kempe 5 comments

Out of Doors on Radio Scotland yesterday (see here) had a great piece on Network Rail’s attempt to close the “private” level crossing at Dalwhinnie (from 35.30), an attack on people’s ability to exercise their access rights.  This was first covered in the Badenoch and Strathspey Herald two weeks ago (see here) and now become…

May 25, 2021 Nick Kempe 5 comments

Having repealed the legal restrictions on travel on the 26th April, eight days ago the Scottish Government re-imposed them (see here for the Statutory Instrument) on people living in Moray and Glasgow, after deciding not to move these two local authorities to Level 2 like the rest of the country.  One day it was perfectly…