Ramblers Scotland is appealing to the public to help fund a legal battle over access at a Highland estate.
The walkers’ charity is joining the Highland Council in opposing an attempt to block a path on the Ardnamurchan peninsula.
The organisation has launched a Crowdfunder appeal as it faces costs of up to £82,000 in its fight to save access along the Glenborrodale to Acharacle path.
It said the route offers stunning views of Loch Sunart and is of great value to the local community and as a strategic long-distance trail.
In 2019, two Ramblers were reported for aggravated trespass while walking peacefully on the same path, which is near to their Glenborrodale home.
A sheriff court last week granted Ramblers Scotland permission to join the Highland Council in opposing a bid by Woodland Renewables to use section 28 of the Land Reform (Scotland) Act 2003 to remove access rights from the affected part of the Ardnamurchan Estate.
Ramblers Scotland director Brendan Paddy said: “We always view legal action as a last resort. In fact, we haven’t entered an access case of this type in well over a decade, particularly as legal action can be so costly.
“However, this is a landmark legal case featuring a historic and important path. If we don’t fight to save the route, it’ll be a significant blow to our hard-won access rights and walkers will be banned from parts of this beautiful trail forever.
“I hope that lovers of the outdoors will consider donating to support our work, and deliver a resounding message that people in Scotland believe our access rights are worth fighting for.”
As well as opposing the section 28 application, the Highland Council intends to prove that a path that crosses the affected area of the estate is a right of way. Ramblers Scotland said the route has been used by generations of walkers before the area was more recently developed as a woodyard on the understanding that access rights would be maintained.
All parties are due back in an online court for the next hearing on 2 February. The case follows several complaints about locked gates at the estate in recent years.
After being interviewed and a report sent to the procurator fiscal, eventually no further action was taken against the two local walkers who were reported for alleged aggravated trespass, but Ramblers Scotland has branded the case ‘unprecedented and worrying’.
Donations to the appeal can be made via the Ramblers website.
Trevor Littlewood
24 November 2021Why is there any question about access to a route such as this or any need to raise funds to fight a case. Surely Scottish access law permits access as it stands and all that's needed is enforcement by the local authority. Am I wrong in my assumption?
W.D.Nichol
28 November 2021Sadly, I am afraid that you are mistaken. All that "right to roam in Scotland" stuff you read is a rose tinted illusion turned out by outdoors writers. The Land Reform Act and the Scottish Access Code both give land managers the authority to shut almost any patch of land at any time for unspecified "management" purposes. The exception is that closing a Right of Way without a traffic order is a criminal obstruction. There are about 20,000km of RoW described in the National Catalogue of Rights of Way. Unlike England and Wales, Scotland has no legally agreed "definitive" maps. The lack of legally enforceable mapping means that the cops won't get involved, so a blocked RoW becomes a civil court case, which becomes a contest in how deep your pockets are (and at Dalwhinnie, Network Rail is financed by the UK Treasury). Like the title of Andy Wightman's book quotes "The Poor had no Lawyers".
The Ramblers, Scotways and the SNP are all heavily committed to the current status quo and won't campaign for further land access reform. If you are bothered about this and live in Scotland please write to your MSP asking for change to the law. If you are a visitor to Scotland with the same concerns please write to the "Minister for Environment, Biodiversity and Land Reform", Mairi McAllan (email MinisterEBLR@gov.scot ).
Cheers.
Alexander Thomson
11 December 2021Where do we send donations?