National park wins public access battle against estate

SCOTLAND’S largest national park has won a court ruling against a private estate following a four-year legal battle over the public’s right to roam.

Loch Lomond and the Trossachs National Park yesterday welcomed a ruling made by the Court of Session upholding its appeal for public access rights at Drumlean Estate, near Aberfoyle, Stirlingshire.

The case against the estate was launched in 2013 when members of the public complained that an area between Ben Venue and Loch Ard was blocked by locked high gates and signs warning that wild boar were loose on the other side.

The park authority’s initial legal bid to have the barriers removed was rejected in 2015 after a sheriff ruled the public had no legal right to access the estate.

But yesterday judges ruled in favour of the park authority’s argument that the estate was blocking the public from enjoying rights of ‘responsible access’ granted by the Land Reform (Scotland) Act 2003.

The ruling means the estate’s German owner, Reiner Brach, 77, must comply with an enforcement notice originally issued by the park authority in 2013.

Gordon Watson, chief executive of Loch Lomond and The Trossachs National Park, said: ‘The vast majority of landowners within the national park respect the provisions and responsibilities that come with the Land Reform Act and work positively with ourselves and partners.

‘Being able to enjoy wideranging 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.’

Scottish Land and Estates, which represents landowners, said it encourages estate owners to resolve issues over access ‘through dialogue’ rather than through the courts.

Karen Ramoo, the organisation’s policy officer, said: ‘There is an obligation on landowners and land managers to ensure the interests of those wishing to access land are taken into account and there is a duty for access-takers to enjoy the countryside responsibly.

‘Access legislation and guidance has largely been successful in achieving this.

‘Landowners have been at the forefront of working with government agencies and recreational NGOs [non-government organisations] to promote responsible access to the countryside.’

Miss Ramoo added: ‘Where a landowner may experience problematic issues with access of land, we would always recommend that he or she seeks to resolve this through dialogue with such bodies in the first instance.’

The ruling was also welcomed by rambling groups, whose members had found themselves unable to access the estate due to three locked gates and a sign reading: ‘Danger Wild Boar’.

Brendan Paddy, director of Ramblers Scotland said: ‘This excellent ruling ensures walkers, cyclists and others can make the most of the countryside around Ben Venue and Loch Ard – including the beautiful Drumlean Estate.

‘We believe it is vital that authorities always challenge attempts to block walkers, campers or other recreational users – so that everyone can enjoy the health and social benefits of Scotland’s wonderful outdoors.’

Mr Brach, who is believed to live in Germany, could not be reached for comment last night.

‘Make the most of the countryside’