Consulting on Core Path Networks
The consultation period for the development of core path networks as set out in the Land Reform (Scotland) Act 2003, is just getting underway and like the course of the Act itself, it is likely that the process will not be smooth.
Conflicting views are already emerging as landlords consider the proposals put forward by the local authorities, making the consultation meetings a vital forum to discuss and influence future decisions.
Colin Clark, leading Agriculture lawyer at Pagan Osborne, who recently attended a meeting in Cupar about paths in the Largoward and Leven area, offers an insight into the latest dilemmas to face land owners and rural home owners and calls upon all parties to participate fully in their local consultations.
“Having been to a consultation meeting just last week, it is clear that the process is likely to bring about a number of disputes as everyone has differing opinions about the implications of a system of core paths. Therefore, it is vital that as more meetings take place and as new battles emerge, that all parties concerned attend area meetings, especially at such a crucial and influential stage.
“As a result of the Act, we have seen a number of reports featuring land owners who have legitimate concerns. For example, one estate owner near Aviemore is concerned about the cost of the upkeep of existing paths, put in for farm access, which will now be used by walkers, cyclists and horses.
“Further conflicts are set to emerge in areas of mixed land use where walkers’ paths could cut across arable, livestock farm land and commercial woodland. As places of work and in areas where livestock has to be protected the rights and responsibilities of all parties have to be recognised and taken into account.
“However, this is not to say that farmers are against the implementation of path networks, some farmers are in favour of the new plans as they would concentrate walkers on specific routes. However, some farmers have raised concern for those who go off track, resulting in calls for the enforcement of access rights being exercised properly which could in turn prove difficult.
“It should also not be forgotten that it is possible for ordinary householders to find that their homes and gardens are now skirted by the new paths, posing fears of would-be intruders.
“Core path networks affect everyone, so please attend your consultation meeting to ensure that an acceptable system of paths is drawn up in a democratic manner."
