The Scottish countryside will receive extra protection from hilltracks through new planning controls, Local Government and Planning Minister Derek Mackay has announced.
Through the introduction of a prior notification and approval process, planning authorities will be able to consider how proposed tracks will impact on the environment and intervene to ensure that design, siting and appearance are acceptable.
Hilltracks for any other purpose will continue to require full planning consent.
The requirements will be introduced across the country later in the year, and will be an extension of existing prior notifications under Class 18 agriculture and Class 22 forestry which currently apply to tracks in natural scenic areas.
Mr Mackay said: “Without proper controls and effective enforcement measures, the construction of hilltracks can damage our environment.
“Some hilltracks can undercut the hillside and lead to side banks collapsing and hilltracks can cause damage to wild animal habitat.
“In contrast well-constructed tracks can minimise negative impacts on the environment, and in the moorlands can often prevent damage to ground nesting birds and their eggs.
“That’s why it’s important that planning policy strikes the right balance between meeting the needs of rural businesses but also it protects Scotland’s environment, amenity and heritage.
“These new controls will ask planning authorities to weigh up proposals and consider all aspects of where the hilltracks will be built, while at the same time allowing work that does not have an adverse impact to proceed with minimal delay or costs.”
Historically, agricultural and forestry tracks could be constructed and upgraded under permitted development rights, meaning that provided they met certain criteria a planning application was not required. Tracks for any other purpose (leisure, sport shooting, etc) do not benefit from the permitted development rights; they require, and always have required, a planning application to be made and permission granted.
David Gibson, Chief Officer of the Mountaineering Council of Scotland, commented that “The present government has presided over an unprecedented reduction in wild land across Scotland, so we naturally welcome the introduction of measures by them which we hope will mitigate further damage to Scotland’s landscape caused by bulldozed tracks.”
We would have expected an immediate moratorium on building tracks without permission, because experience has already shown that delay only creates a window of opportunity during which more damage can be done.”
Helen Todd of Ramblers Scotland, speaking as Co-Convener of the LINK hill tracks campaign group said: “Scottish Environment LINK and its members will continue to monitor the construction of hill tracks across the Scottish landscape, and we will continue to campaign for these tracks to be brought fully into the planning system. We fail to see why landowners should be able to carry on constructing major tracks across Scotland’s hills without the need for any public consultation, and the new prior notification process will do little to address this fundamental inequity which leaves communities, organisations and individuals with little opportunity to comment on new tracks.
“We are pleased that the Minister has listened to our concerns and we recognise that this new process is a step in the right direction. However, we do foresee serious problems in implementing this complex set of arrangements and in enforcing any conditions which are set by planning authorities. In the meantime, we hope we will not see a rush of new hill track construction over the next few months, before the regulations are passed by Parliament.”