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To implement the Land Reform (Scotland) Act every Local Authority
is required to establish a Local Access Forum. In many areas they
are only recently formed and are still working out what their basic
duties and responsibilities are.
Broadly speaking these groups meet to discuss the details of access
law, to assist in disputes (when both parties agree to involve the
Forum) and to advise the Council on problems that arise due to the
uptake of access. Although established within a department of a
Local Authority any Forum is impartial and independent of that Council.
Details of the Perth & Kinross Outdoor Access Forum can be found
at here
or check out our contacts
page.
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O R E P A T H S |
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Over the next three years every Local Authority must produce a
Core Path Plan showing the routes that local people have said they
want to use. In order to gather this information community consultations
will be undertaken to map the routes and tracks that all user groups
want including walkers, cyclists and horse riders. This
information has to come from local people. It is up to every individual
to ensure that their area is not missed out. Many communities
have already established local groups to take this forward so join
in to make sure that horse riders are not left out. If you don’t
know of a group in your area try contacting the community council,
your local Countryside Ranger or go directly to the Access Officer
in the Local Authority; contact details for these folk in Perth
& Kinross are on our contacts page. Individuals have as much
right to be heard as a group; every single letter counts. If you
do have obstructions to report send a photo if you can and the map
co-ordinates or mark the place on a map and write out details of
the problem.
Tracks will not be included in the Core Path Plan unless the Council
know you want them. Also, no matter how well known a path is, or
how often you have asked for it to be cleared of obstructions in
the past, do not presume that this will inevitably happen. NOW
is the time to get all those kissing gates, styles and other obstructions
noted for removal. It may not happen over night but it
won’t happen at all unless riders come forward and are heard.
There is no onus on the Local Authority to upgrade Core Paths at
the moment but they do have a statutory duty to keep them free of
obstructions or from becoming overgrown with weeds and branches.
Jane Pritchard is the Access Officer for Perth & Kinross Council
responsible for Core Path Consultation and Planning; contact her
at jpritchard@pkc.gov.uk.
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Local Path Networks consists mainly of man-made tracks close to
settlements and everybody is encouraged to use them through advertising
and promotion. Locally we have the Den of Alyth and the new routes
near Blairgowrie at Ardblair, the Ericht etc. These come under the
watchful eye of the Countryside Ranger service. More people are
being encouraged to access the outdoors, with some paths being accessible
to wheelchair users and families with young children, prams included.
This is to be welcomed. On the other hand, we do not consider that
busy path networks will be the best place for horse riders, particularly
those with more ‘unpredictable’ horses. Therefore, in
some instances it may be important to identify alternative routes,
perhaps a separate track which runs parallel, or a different route
through neighbouring fields. Remember, although horse riders
have access rights with this comes responsibility, so don’t
hesitate to contact your local Ranger or council Access Officer
if you have a problem or can help avoid them before they arise.
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H E R U R A L C O N T E X T |
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For horse riders, we believe that simple and straightforward forms
of access are required; Land Reform is not just about paths and
tracks it is about ACCESS. By ensuring that gates are not locked
and that land managers and owners are aware of our rights and responsibilities
we should not have to invade popular paths and trails where we will
encounter walkers, cyclists, prams and wheelchairs. It is important
that you point this out to your local Access Officer or Ranger especially
if upgrading work is going on within a Local Path Network, There
have already been occasions where money has been saved by Horseways
explaining that riders do not need or want high-spec, flat pathways
with the corners straightened out (race track!) or bridges high
above a stream when the site is suitable for a ford. Surfacing is
another issue that riders should keep an eye on; in many instances
there may be simpler solutions than those being advocated. Check
out the Local News page
of this site for further info. .
Many Local Authorities prefer to deal with groups and are concentrating
on developing Local Path Networks because funding is a available
from Europe specifically for this. The Local Authority itself has
no funding to upgrade Core Paths and many areas are setting up local
trusts to cover this shortfall. (The East Perthshire Paths Initiative,
covering the Blairgowrie and Alyth areas, sources funding through
Perth & Kinross Countryside Trust, www.pkct.org
) Another, excellent example of what can be done is the Upper Deeside
Access Trust; worth checking out at www.deeside.info.
However for people living in remote areas we would stress that access
is just as much for individuals as it is for groups. So, to those
of you in rural areas who get the brush off, point out that individuals
have rights. Although the new access legislation includes these
Local Path Networks there’s much more to it than that and
other sources of funding can/will/should be found to remove obstructions
in other, isolated areas. If you are the only horse rider around
it may help to get in touch with other locals who walk or cycle;
you could have more in common than you think. Your local Community
Council is a good place to start.
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Years ago when I was out riding and only a mile from home, I came
across a new padlock on the gate which led off the moor onto the
road. Fortunately, I was able to remove the gate by its hinges otherwise
I would have had to return, the long way round, over open moor in
the dark which would have taken nearly two hours. So report all
locked gates to your Local Authority and do not accept the excuse
that the gates are locked to prevent motor bikes accessing the land.
It is the responsibility of the police to catch the offenders: punishing
us for other peoples law breaking is unacceptable.
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E E R F E N C E S |
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Deer fences across paths may be necessary but they are unsafe
to climb over when on foot (no matter how nimble you may be) and
a complete obstruction to cyclists and horse riders. Under the Land
reform Act you are within your rights to request that land managers
install gates for horses and others to provide access. Make sure
that any proposed gates are in a suitable place (i.e. not in a bog
or steep slope) and we suggest a gate the size of a stable door
would be fine for all path users. It is your responsibility under
the SOAC that the gate is properly shut behind you.
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Following the implementation of the Act, Horseways advises all riders
to proceed with caution. If you have a need for off road riding
then your first responsibility is to know your rights and the support
frameworks that will be in place.
We ask you to exercise your rights responsibly by only riding horses
that are within your ability to control. Keep your pace appropriate
for the level of traffic you can expect to meet and remember there
may be a cyclist, pram or wheelchair round the next corner. Consider
your own safety and that of your horse. Wear a hard hat and hi-viz
and reflective gear on your person and your horse.
Show consideration to land managers who are now required to make
major changes to their thinking. Not all of them will be aware of
these changes and some are likely to disagree with them. The way
forward is undoubtedly to work with people rather than against them.
If you encounter problems, then we recommend that you politely approach
the land manager/owner in the first instance to see if you can reach
an agreement about where it would be best for you to go. If no agreement
can be reached, then you should contact your Local Authority Access
Officer (all LA’s have at least one Access Officer) or Countryside
Ranger or both. If you get nowhere with them, step up a level and
lodge your complaint with your local Access Forum. You are also
within your rights to contact your Local Councillor or your MSP
– remember, it was the Scottish Parliament who gave us these
rights.
Having campaigned hard and waited patiently for our rights it is
imperative that horse riders comply with the Scottish
Outdoor Access Code (SOAC). Those who do not follow the code
may adversely affect everyone else’s rights because, as a
final resort, after the Access Officer and Local Area Forum, disputes
will be resolved in the Sheriff Courts. The last thing we need is
for the first access case which goes to Court to be about the irresponsible
behaviour of a horse rider. As yet, there are no specialist Lawyers
touting their willingness to help you and take your cash, but we
expect this gap to be filled shortly!
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For horse riders, parts of the Cateran Trail are less than perfect.
Supported by the Local Authority, the original developers actually
managed to reduce the access available to horse riders along many
parts of the Trail. Land managers have installed very unfriendly
styles over deer fences and in places the Trail runs through fields
where horses are grazing and along field drains. If you want access
along this route it is imperative that you tell the Council where
you want to go and what the current problems are; a photo and map
are best.
There is no reason that the Cateran Trail should not be open for
horses, as it was historically, giving offroad access to many more,
circular routes along its length. Again a photo of the problem and
map co-ordinates would help; failing this try to give as many details
of location as possible. Perth & Kinross Countryside Trust (www.pkct.org)
are busy developing the Cateran Trail and Horseways has been involved
in these discussions. If you have any queries regarding riding on
the Trail feel free to get in touch with us at Horseways or contact
Andy Barrie the Project Officer at ajbarrie@pkc.gov.uk
The Cateran Trail features heavily in the route planning for The
East Perthshire Walking Festival which is set to be an annual event.
It will utilise paths that are there for everyone bringing in groups
of walkers over a three or four day period at the end of September.
If you want to know which tracks are earmarked for use, so you can
avoid the crush, go to www.nscdesign.com/walkfest/
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