Judges uphold right to roam
Decision sets precedent on access rights
Appeal judges have upheld a legal decision which gives the public the right to roam over land at a private estate located within Loch Lomond and Trossachs National Park.
Lords Carloway, Menzies and Drummond Young have ruled that the owners of the Drumlean estate in Aberfoyle took action which prevented the public from legally accessing the property.
The Sheriff Appeal Court in Edinburgh ruled in April 2017 that the estate’s German owner Reiner Brach, a steel trader, hadn’t taken steps to ensure he followed the Land Reform (Scotland) Act 2003. The legislation gives the public the right to responsibly access land.
Lawyers acting for the Loch Lomond and the Trossachs National Park Authority went to the court after the organisation received complaints from members of the public about the estate.
The initial judgement in late 2015 found against the park authority and held that there had not been a breach of land reform legislation and that access rights did not apply to certain parts of the estate.
Park officials immediately lodged an appeal against that decision. They argued that had it been allowed to stand, it would have undermined the Land Reform (Scotland) Act 2013 and set an unhelpful legal precedent for access rights in Scotland.
That appeal was upheld in March, 2017, but a further appeal to the Court of Session
There has been a significant amount of work over the last five yearsinvolvedinpursuingthiscase but it was crucial to do so
was lodged by the landowner which has now been rejected.
In a written judgement issued on Tuesday by the court, the judges concluded that Dr Brach’s actions breached the Land Reform (Scotland) Act and prevented the public from accessing the site.
However, the judges ruled that some of the gates which had been shut to the public could have remained closed and this wouldn’t have breached the legislation.
The court ruled that these gates could have remained shut providing that other gates at the estate remained open. This would have resulted in people still having the right to roam.
In the judgement, Lord Carloway, Scotland’s most senior judge, wrote: “The appeal from the Sheriff Appeal Court fails on the central issues in dispute. However, for reasons already explored, the court does not consider that failing to unlock the main gate would contravene section 14 (1) if the Kennels and Altskeith Gates were unlocked. It does not consider that erecting the wild boar sign contravened section 14 (1).”
National Park chief executive Gordon Watson welcomed the decision and added: “There has been a significant amount of work over the last five years involved in pursuing this case but it was crucial to do so and ensure that the public can continue to enjoy their access rights within this special landscape in the National Park.
“The vast majority of landowners...within the park respect the provisions and responsibilities that come with the Land Reform Act and support our many projects to improve access.
“The decision sets a national precedent and we are pleased that this positive result will be able to be drawn upon by other access authorities across the country in the future.”