A council has been accused of failing to uphold access rights to one of Scotland’s most beautiful glens and to the mountains above it.
The Mountaineering Council of Scotland (MCofS) has accused Perth and Kinross Council of failing in its duty over an estate owned by Major Alastair Riddell in Glen Lyon. The MCofS, which represents mountaineers and hill-walkers in Scotland, has demanded that the council hold an investigation into its failure and come up with plans to secure proper year-round access.
The MCofS says that for many years the owner of the North Chesthill Estate in Glen Lyon has tried to prevent people from walking in the area, which includes four Munros. Over the years, the owner’s tactics have included locked gates, misleading signs and information, and intimidation. Research by the MCofS in April this year showed the vast majority of people responding to a questionnaire reported problems with access.
Staff from Perth and Kinross Council, Perth and Kinross Local Access Forum, Scottish Natural Heritage, the Mountaineering Council of Scotland and Ramblers Scotland have all been involved in trying to come to an amicable solution with the owner, with the aim of him allowing access throughout the year. However, on the SNH ‘Heading for the Scottish Hills’ website and subsequently on the routes on Walkhighlands, the owner has said that stalking will be taking place for at least 25 days between 15th September and 15th October.
In a letter to Perth & Kinross Council Chief Executive Bernadette Malone, MCofS Chief Officer David Gibson has said: “This blanket closure is completely unacceptable and outwith the spirit of the access legislation; it puts Perth and Kinross as a destination, and the Council’s access team, in a very bad light amongst the walking and climbing community. Why? Because a landowner denying access rights, within the Council’s area of responsibility, has been allowed continually to flaunt legislation with the full knowledge of your staff.”
In his letter, David continues: “As the Local Access Authority, Perth and Kinross Council has a duty under Section 13 of the Land Reform (Scotland) Act 2003 to uphold access rights. Your staff are fully aware of the history and current situation at North Chesthill Estate. We consider that the Council is failing in its legal responsibility and duty to uphold access rights, whilst being aware that the owner is initiating blanket closures on the area.
“Accordingly, we ask that you conduct an urgent internal investigation and advise us by the end of October what measures the Council will take to rectify the situation, to ensure that those wishing to enjoy responsible access are enabled to do so.”