Overseas owners blocked paths
A court judgment has backed the rights of walkers who complained after being barred from footpaths on an estate near Aberfoyle.
Eleven complaints were made to Loch Lomond and Trossachs National Park Authority, who took legal proceedings against the owners of Drumlean Estate.
And this week, following a four-year legal battle, the Court of Session upheld an appeal in favour of public access rights on the estate, which is within the park.
Walkers trying to use footpaths on the estate found their way blocked by gates and signs warning that wild boar were loose on the other side.
Judges accepted the park authority’s argument that Lichtenstein-based company Renyana Stahl Anstalt, responsible for the estate, were blocking members of the public from enjoying access rights granted by the Land Reform (Scotland) Act 2003.
Now the owners have to take steps to comply with an enforcement notice issued by the park authority in 2013.
Park chief executive Gordon Watson was delighted with this decision.
He said: “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.”
Ramblers Scotland director Brendan Paddy said the ruling means walkers, cyclists and others can make the most of the countryside around Ben Venue and Loch Ard, including Drumlean Estate.
“We welcome the national park’s efforts to secure this result, which serves as an important reminder that landowners using locked gates, high fences and prohibitive signs to block responsible access should be a thing of the past,” he added.
“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.”
Trossachs and Teith councillor Martin Earl said: “It is very regrettable this issue has taken so long and had to be resolved through the courts.
“Almost all landowners resolve access problems by dialogue and that is what should have happened in this case.
“I very much hope the ruling will be complied with as quickly as possible but it must be stressed that it is the responsibility of all of us to respect our countryside and have as little impact on it as possible while enjoying it.”
It is very regrettable this has taken so long