A national park authority has won a legal appeal against an estate that blocked access to the area.
Loch Lomond and the Trossachs National Park Authority successfully appealed against a ruling in favour of the owners of Drumlean Estate near Loch Ard.
The decision found in favour of the park authority’s argument that the owners of Drumlean Estate within the national park were blocking members of the public from enjoying access rights granted by the Land Reform (Scotland) Act 2003.
As a result, park bosses said the owners will now need to take steps to comply with an enforcement notice issued by the authority in 2013.
Loch Lomond and the Trossachs chief executive Gordon Watson said: “The national park authority has a duty to uphold the right to responsible access granted to the public by the Land Reform (Scotland) Act 2003 so we are delighted with this decision.
“We took legal action against the estate in 2013 following complaints from members of the public that access to an area between Ben Venue and Loch Ard was being blocked by locked high gates and prohibitive signage and after repeated attempts by us to resolve the issue with the owners directly.
“The initial judgement in 2015 found against the park authority and held that there had not been a breach of the Land Reform (Scotland) Act 2003. The park authority immediately lodged an appeal against that decision which, if it had been allowed to stand, would have undermined the legislation and set an unhelpful legal precedent for access rights in Scotland.
“The vast majority of landowners within the national park from small land holdings to large estates, respect the provisions and responsibilities that come with the Land Reform Act and work positively with ourselves and partners. Being able to enjoy wide-ranging access to the outdoors has a positive impact on people’s health and wellbeing as well as on the economies of local communities within the national park.
“It has been a long road to get to this point but we are delighted with this decision for the clarification it provides to other access authorities but most importantly for the public who can continue to enjoy their access rights within this area of the national park.”
The Loch Lomond and the Trossachs authority has itself recently faced criticism from outdoors campaigners who said its newly introduced bylaws restricting wild camping along certain loch shorelines are themselves undermining the provisions of the rights enshrined in the Land Reform Act.
Oliver Craig
03 April 2017Good news at last, these people seem to think we live in the Middle Ages and us serfs should know our place. Saying that why the hell are private individuals allowed to own land in a National Park?
Steve
04 April 2017A the final paragraph notes, the Park Authority is being two-faced here. This answer is the right one. Let's hope that eventually they get the other one right too.
Andrew Marshall
04 April 2017How two faced are the Scottish NT????????????
They want ALL the Cake but only share what they fancy
Phil Crowder
05 April 2017“The national park authority has a duty to uphold the right to responsible access granted to the public by the Land Reform (Scotland) Act 2003 so we are delighted with this decision.
So, are you going to take on FCS and the locked gate policy?, bet you don't!
A Green
05 April 2017long overdue. The NP needs to look again at legislation and procedure to see if there are ways to rapidly enforce removal of restrictions in these cases, and issue fines for non compliance.
Graham davidson
10 September 2017Climbed Ben Venue yesterday from Loch Ard. I wanted to vary the return by following the high level track east above the Loch and following zig zags shown on the OS map, down through the estate and back to the road. Well, the track down was completely overgrown. I was met with dense vegetation and high fences which I had to wriggle through and not wanting to pass the farm dwellings I came to a locked security gate surrounded by high barbed wire fences which I had to risk life and limb to climb over to reach the road. The experience left a sour taste at the end of what had been a wonderful days walk.
G Davidson. 10/09/17