Beaches South of Ardtoe - proposal to suspend access rights

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RoryD
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Beaches South of Ardtoe - proposal to suspend access rights

Post by RoryD » Thu Nov 12, 2015 1:59 am

Those who know and enjoy the beaches/ land next to the singing sands south of Ardtoe may be interested in a Highland Council proposal I stumbled across to suspend access rights under the Land Reform Act there for a full year for the purposes of a TV programme. Although the singing sands beach itself insn't included, the access restriction will cover the peninsula and smaller beaches (to below low water) to the north. Like many, I have landed many times on these fantastic wee beaches, and I struggle to see how they expect participants to experience "a genuine wilderness experience in a remote location" that is a hotspot for visiting tourists and boats/ kayaks! Absurdly, the public access path to the beach will have a bridge over it for the TV programme folk to use!

See the Highland Council paper http://www.highland.gov.uk/download/mee ... han_estate.

The HC paper presumptiously asks concillors to "agree that the draft order ......... be put out to public consultation and thereafter forwarded to the Scottish Ministers for confirmation". Furthermore, mention is made of advising local people and local watersports businesses that use the area so they can make representations - but no mention is made of consulting the wider public for whom the Land Reform Act's access provisions were essentially created. There is even a comment that "it is not considered that the exemption order will have an adverse impact on access rights within the area given the terrain involved" - and, strangely, reference is made to SNH only in connection with nature designations and not the suspension of access rights to a substantial area of countryside and shoreline.

I think SNH and the Scottish Govt will be interested in the views of those beyond the local area, even if the Highland Council isn't. But we should bear in mind the positive economic benefit such a TV programme could bring to a remote/ fragile community in the short and long term (think Taransay and Applecross). My initial thoughts are that the suspension of access rights is inappropriate as it is neither necessary for the programme to proceed, nor feasible to police, and that we should be very wary indeed of precedents being set for the suspension of our historic right of public access - which was essentially only formalised rather than created by the Land Reform (Scotland) Act 2003. It is that last point that has caused me to post here - although I do not feel entirely comfortable doing so and hope I don't live to regret it.

I wish the proposed TV programme every success - but in the absence of the formal suspension of fundamental access rights. In my view, what they have achieved through this ill-advised application to exempt land from our access rights is to counter-productively draw attention to the planned TV programme, when they would have been much better advised to work away quietly with the local estate and community - and have strategically placed respectful signage put in place during the programme's filming.

- RoryD

(Note; it is not 1st April)

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by john.ruston » Thu Nov 12, 2015 8:07 am

This is shocking. It seems calculated to raise the blood pressure to dangerously high levels. This will definitely help publicise the programme. Will there be a petition or some such we can sign ? Scotland is famous for land access - isn't it your birthright ? Needs defending. This proposal must help erode your rights. I live in northern Ireland where the rich and well connected are from time to time "given free land" by the authorities. I see razor wire on beaches below the high water mark. We set a poor example so try not to follow us. I'll download the HC docs for a look see. Thanks for the link. More on this one please !

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by rowlandW » Thu Nov 12, 2015 3:43 pm

If this application succeeds, the producer will have to plan for how to deal with my boat in the background of his story line! It isn't a wilderness area, and banning people isn't going to make it one, so the basis of the proposed programme is a nonsense. Best of luck to anyone trying to police/enforce this if it is nodded through!

(In a similar vein, in 2008, during our Round Britain expedition, Cath and I camped at Sand, north of Applecross, to hide from the weather. The producer of the frankly farcical 'Beachcomber Cottage' was unimpressed that our tents were visible through the window of the bijou extension on the end of the bothy. We moved when the weather let us...)

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Douglas Wilcox
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by Douglas Wilcox » Thu Nov 12, 2015 8:40 pm

Image

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черные ублюдки! *

*personae of dubious parental origin who harbour dark, malevolent thoughts.

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by Chris Bolton » Thu Nov 12, 2015 9:18 pm

I'm with Rory on this. There are two sides to it, but the proposal goes too far; it's unreasonable. The whole essence of the Land Reform Act is about reasonableness; the law gives a right of access in defined situations which have been chosen so that the access doesn't significantly affect the use of the land by the landowner, and in return those exercising the right must do so responsibly. It might be argued that the landowner should be allowed to use the land for making a TV programme in the same way that that the Act allows farmers to use their land to grow crops, without access. But walking over crops will undeniably damage them; a case would have to be made that the TV programme couldn't be made without the suspension of access. As Rowland has noted, access to Sand didn't prevent a programme being made there.

Managing a suspension is likely to have as much effect on the filming as allowing access. Signs will be needed, and people will be needed. Many visitors will come from the sea, so won't know until they are on the beach. Access rules are not always followed (Loch Lomond?) and there will be people who won't be moved on except by police. I've camped there at the end of long day in bad weather, and was very glad to be ashore; I would not have wanted to paddle off again to find another site and a suspension of access would have gone down very badly. On the other hand, if somebody came and asked "We're making a TV programme, would you mind pitching over there, I'd try to comply.

I am not at all sure that suspending access to low water mark would be legal - Section 5(4) of the Act says "The existence or exercise of access rights does not diminish or displace any public rights under the guardianship of the Crown in relation to the foreshore." So if access to the foreshore isn't granted under the Act, it can't be suspended under the Act.

But my main concern is, as Rory's, that it would be a bad precedent. Section 11 leaves the grounds for suspension entirely open. If this suspension is granted, it would make it possible for any landowner to apply for suspension just because it doesn't suit them to have access.

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by Douglas Wilcox » Thu Nov 12, 2015 9:54 pm

Mr Alastair Stewart, Access Officer, Lochaber
alastair.stewart@highland.gov.uk

Dear Alastair,

​​​​By chance I came across the document below (on the Highland Council website) about restricting the public's right of access under the Land Reform Act to the beaches at Gorteneorn, Ardnamurchan for a period of one year for the purposes of making a documentary film:

http://www.highland.gov.uk/download/mee ... han_estate

May I first express concern about this proposal to limit public access particularly for a period as long as a year?

I note that "it is proposed to notify local water sports businesses of the order in order that they have the opportunity to make representations if they wish to do so."

I think it would only be fair to consult the wider public as I suspect the majority of visitors to these beaches make their own way there and do not come on a guided tour by a commercial operator.

I note *the access exemption the proposed order will be advertised in the local press to ensure local people have the opportunity to make representations if they wish to do so."

I have no doubt that the majority of visitors to these beaches are from outwith the local area so I think you should advertise this proposal more widely, after all access under the Land Reform Act is for the all people of Scotland, not just locals.

I also note the comment "it is not considered that the exemption order will have an adverse impact on access rights within the area given the terrain involved."

I have been a regular visitor to these beaches since 1959 travelling by sailing dinghy, cruising yacht and sea kayak, I also walk in from Arivegaig. Many people visit in small boats from the nearby Ardtoe camp site. I also regularly visit these beaches in winter by sea kayak which is a year round activity. I and my family and friends are regular visitors to the Glenuig Inn especially in winter and I know the attractions of the area which accessible by sea kayak bring employment and income to the area outwith the main tourist season.

I also have a particular interest as I am writing a sea kayaking guidebook which includes this area "Ardnamurchan to the Solway, a sea kayaking guide." by Pesda Press.

I would be most grateful if you could reconsider the points I have noted above.

Thank you for your consideration
Best wishes
Douglas

Dr Douglas Wilcox
Newton Mearns
Glasgow.

RoryD
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by RoryD » Fri Nov 13, 2015 12:41 am

Prompt and helpful response from SNH HQ to an email I sent them (have also alerted JMT and SCA):

Thanks for this enquiry, which I’ll reply on promptly...

Have you seen the details of section 11 of the Land Reform (Scotland) Act 2003? They’re available at http://www.legislation.gov.uk/asp/2003/2/section/11

The process for applying for a Section 11 Order is set out there quite fully, including the details on consultation and public notice requirements, and of course the requirements for any application of more than six days to be put through the significant process of Ministerial confirmation. That process requires Ministerial consideration of any objections and representations submitted, which may be done through holding a Local Inquiry, to enable Ministers to decide whether to confirm the order, with or without modifications, or to refuse to confirm it.

The Act has been very important both in establishing the rights of responsible access on a firm statutory basis, and also in laying down this statutory basis for any use of measures such as section 11 suspensions, so that there is a clear process of consultation, public notice, and in cases like this the need for confirmation at full Ministerial level. That process is clearly now underway, and any parties are therefore able and welcome to submit their objections or comments. You can of course include comments about any relevant procedural aspects, such the sufficiency of the consultation and public notices, if you wish.

As far as I’m aware this has not been sent to SNH for comment. It is not a specific requirement of section 11 that it should come to SNH, and we don’t necessarily submit observations on s11 applications, but I’ve no info on this particular case.

You might also find it useful to see the government guidance to local authorities about section 11 procedures, which was updated in 2013 -http://www.gov.scot/Publications/2014/01/8640/3

I hope that is useful
,


I concur that the 2003 Act is severely lacking by not having a) a requirement on LAs to justify any proposed suspension of access rights with reference to the Act, b) guidance provided for them on the possible grounds for suspending the right of access, and c) an obligation on LAs to seek opinion beyond the local area if there may be wider interests. Clearly the Minister will have to use criteria when deciding whether to confirm or reject the proposal - which I assume will be guided by the spirit of the Act and the associated Access Code. I'd also concur that the issue of proportionality/ reasonableness alone might have it rejected by the Minister as there is no indication they have made a proper assessment of the issues/circumstances and possible impact of proposed ban, nor explored all other options before resorting to the "nuclear option" of suspending the right of responsible access.

You'll see from the above that the Highland Council must forward all the representations/ objections it receives to the Minister - so the more the better. I personally don't think the application has a chance of being confirmed now it has been rumbled - we just have to ensure that objections are valid (will post when have a time frame and contact details for formal submissions).

- RoryD

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by MikeK » Fri Nov 13, 2015 10:46 am

Since I have lived in Arisaig, about 25 years, there have been several films made that necessitate restricting access to an area normally use by locals and tourists alike. Highlander on the side of Loch Morar, Breaking the Waves on Mallaig pier, Harry Potter stuff at Glenfinnan and Glencoe. No restriction of access bill was ever propose for these and the locals in particular and public in general were very accommodating, keeping clear when asked. In the case of the Harry Potter film in Glencoe we were asked not to share the location as this would bring sightseers out on day trips to spot the stars. We didn't and as far as I am aware there was no problem caused.
Why restrict access in this case?? What are they going to do 24/7/365 that will require this??? As mentioned above, the policy of consideration for others worked before so apply it in this case too. It's unenforceable anyway.
By the way Douglas Красивые фото

Mike

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Douglas Wilcox
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by Douglas Wilcox » Fri Nov 13, 2015 1:34 pm

Mike,

спасибо товарищу

Douglas :o)

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MikeB
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by MikeB » Fri Nov 13, 2015 2:40 pm

I was part of a group operating in this area this year, a party which was made up completely from people outside the immediate area. Several had travelled from England. My letter includes this ref.

As it happens, my Avatar pic is from that trip, taken in the skerries just off Ardtoe Peninsula. Mike.

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by celticmargaret » Fri Nov 13, 2015 5:07 pm

Let us all send Channel 4 'Home to think again'.

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by ruralweb » Fri Nov 13, 2015 10:54 pm

The Executive Producer of the series is Colleen Flynn colleen.flynn@keofilms.com - Ive emailed her to say that I and many others visit that beach throughout the year and its not as remote as they may like to think. I've also suggested that now people know it could become quite a tourist attraction
Mal

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by MikeK » Sat Nov 14, 2015 8:12 am

With respect both celticmargaret and ruralweb I don't think your stance is very helpful.
For those of us that live here and depend on tourism for a living we welcome films and tv programmes being made here. Of course we don't welcome restrictions being imposed but I refer you to my earlier post. We have in the past worked very successfully with fun makers without the need of access restrictions being imposed by statute. That sort of approach is out of kilter with the local population ethos of offering a friendly welcome as is your idea of telling them to stay away.
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by john.ruston » Sat Nov 14, 2015 9:55 am

http://www.upworthy.com/game-of-thrones ... -very-real

The film industry is proving itself a real boon in NI. Game of Thrones pays its way handsomely and has made a lot of friends. Not only from the money it brings but also the considerate and neighbourly manners of the crew. Local to me, sea scenes were done quickly to minimise disruption and local fishermen got the job of patrolling to point out to visiting boats that cameras were running. Painless and lucrative I think since the production unit made a point of keeping us on side. Film work can be a good crop to harvest if its done right. Hopefully all sides in the Ardtoe case will be able to talk things through to a productive conclusion.

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by ruralweb » Sat Nov 14, 2015 10:36 am

I've simply pointed out that the area they have selected is not as remote as they may think and it may become a bit of a tourist attraction in its self. Surely a remote island would be a much better location like the original castaway series but at the end of the day I also am a tourist and can easily avoid the area for a year.
Mal

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by pathbrae » Sat Nov 14, 2015 11:47 am

With respect both celticmargaret and ruralweb I don't think your stance is very helpful.
I agree, up to a point. I can, however, see exactly where they are coming from.

I think there are a couple of problems here.

One is the worry that a precedence will be set if they succeed in removing access rights.
The other is the protracted period of the ban (and it's completeness) for the sake of a bit of TV.

I'd be happy to comply with a reasonable restriction, similar to the Irish model for GoT - although I do feel that access should take precedence over filming, but surely we can accommodate both?
So much sea - so little time to see it.

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by MikeK » Mon Nov 16, 2015 10:37 am

I fully agree with you pathbrae. I think my post was put badly upsetting ruralweb too which was not my intention.

We don't want to chase them away but we do want access to the land and sea which, regardless of the suspension of access rights, will happen anyway.

Perhaps we should invite Colleen Flynn from Keo Films to view this forum. She may not have read Douglas's letter to the Highland Council. It would be good information for her to be aware of. I would also add to his letter that even before Steve McFarlane came to Glenuig there were already 2 local kayaking companies regularly using this area, Arisaig Sea Kayak Centre and Rockhopper Scotland as well as Wilderness Scotland, Seafreedom and various others who come more than once a year. This is a very important bit of coast for sea kayakers, on many peoples tick list but is also exposed so any restriction to possible landing sites could put kayakers at risk especially if they are less skilled and therefore less able to cope with the conditions the unpredictable weather may throw at them. I concur with ruralweb it certainly isn't as remote as it may seems to an outsider from either land or sea.
Mike

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by AGNorwich » Mon Nov 16, 2015 4:42 pm

My understanding of the land reform act, Scotland, is that it makes provisions that only concern areas above the height of Mean High Water of Spring tides. There is a common law right of navigation over areas below MHWS when the tide is in, and a common law right of recreation there when the tide is out (http://www.scotlawcom.gov.uk/files/7212 ... rep190.pdf gives some details, but I'm sure there will be a readily available more recent source). So there is nothing to stop a paddler making their way to the beaches by sea, landing there and exercising their common law rights.

Someone more local than me may wish to lodge an objection that the proposals incorrectly claim a right to suspend access to some areas of foreshore that are common law rights rather than access rights arising from the Act,

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by RoryD » Mon Nov 16, 2015 5:37 pm

RoryD wrote:(will post when have a time frame and contact details for formal submissions).
Highland Council’s Local Access Officer for Lochaber informed me today that “We have not as yet published the notice. There will be a four week consultation process. I will inform you when we go to print.” Will post when I hear further. There’s a possibility, of course, that KEO Films will withdraw their Section 11 application as they come to more fully appreciate the potential ramifications of the wider approval process - and the practical ineffectiveness of any Order.

Meanwhile KEO goes public as it seeks participants - http://www.thenational.scot/news/search ... chan.10034 The "new reality television show in which people go back to the absolute basics of life. The cast of non-actors will feature anyone from botanists to engineers and the aim is to see if a group of people can build a community from scratch in the wilderness." Hmm.
- Rory

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by Mike A » Mon Nov 16, 2015 6:24 pm

Douglas Wilcox wrote:
I also have a particular interest as I am writing a sea kayaking guidebook which includes this area "Ardnamurchan to the Solway, a sea kayaking guide." by Pesda Press.

Dr Douglas Wilcox
Newton Mearns
Glasgow.
Douglas,

Slightly off topic, but this is great news as I;

1 Love this area
2 Love paddling in this area
3 Love guidebooks

Do you have any ideas when it will be going to Pesda / published?

Thanks

Mike

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by swagstaff » Thu Nov 19, 2015 7:49 pm

There are obviously lots of equally beautiful and similar areas , but they are probably more difficult access wise for the film crew etc. It does seem that they want the best of both worlds by applying for suspension of the right of access. They could go to the west coast of Jura and they would hardly see a sole and wouldnt feel the need to try and exclude anyone, but it would be a hassle getting there at reasonable cost. Do the powers that be consider other alternatives when making a ruling, Is it any different to those landowners who want to exclude kayakers from "their " rivers in the fishing season? or to exclude hillwalkers from "their" hills in the various bird and animal killing seasons? Should we be more sympathetic just because they are not wanting to kill something for fun?
Questions only?
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by Chris Bolton » Thu Nov 19, 2015 8:08 pm

Is it any different to those landowners who want to exclude kayakers from "their " rivers in the fishing season? or to exclude hillwalkers from "their" hills in the various bird and animal killing seasons? Should we be more sympathetic just because they are not wanting to kill something for fun?
It may or may not be different but I don't think it's necessary. We can't afford to be sympathetic because Section 11 doesn't define what makes an application acceptable - so it will be defined by precedent. I would be surprised if suspension of access for a year was ever in the minds of those who passed the Act, but if this suspension is approved, it will open the door to others.

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by MikeB » Thu Nov 19, 2015 9:43 pm

My understanding is that it was precisely because certain landowners wanted to exclude people (for a variety of reasons) and took the opportunity afforded them during the Scottish Foot & Mouth crisis, that the LRA came into being. Buccleuch Estates (to name but one) certainly procrastinated in re-opening their land once the crisis was over. I know this as I lived in Dumfriesshire at the time, and saw the evidence with my own eyes. Section II was never intended (in my view) as a long-term exclusion option. It is there so that, for whatever justifiable reasons, access can be suspended for a short period. A year is not a short period.

The Loch Lomond scenario, where some access rights are curtailed, may be an example either of the Park Authority (an un-elected, and largely un-accountable body) obtaining restrictions for good and justifiable, or totally unjustifiable, reasons. Depending on your view. I would suggest that, on balance, stopping the yobs desecrating the countryside may well be justifiable.

Which is far from the case in the Ardtoe scenario, where commercial interests are clearly paramount. It will be very interesting to see what happens. Mike

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by ian johnston » Tue Nov 24, 2015 10:48 am

Hi All,

Below is the text of a letter sent by email today to Alastair Stewart, Lochaber Access Officer for Highland Council and the author of PDI 80/15. I've copied this to both the Mountaineering Council of Scotland and Ramblers Scotland:




To: Mr Alastair Stewart, Access Officer Lochaber, Highland Council




Dear Alastair,


I am writing with reference to the proposal placed on Highland Council’s website to exempt land at Gorteneorn and the beaches south of Ardtoe from access under Section 11 of the Land Reform (Scotland) Act 2003 – Report No PDI 80/15 dated 4 November 2015 refers.

I wish to express concern at the proposal to ban public access for a period of a year to a considerable amount of land and shoreline. I have been a regular visitor to these beaches and to the shoreline accessible from Kentra Bay for many years, visiting by foot and by sea kayak in both winter and summer. Together with family and friends, I use local accommodation providers and utilise local businesses and restaurants wherever possible. The area may be remote when considered from a landward perspective, but is most accessible, attractive and not at all remote when considered from the natural, seaward perspective. I disagree profoundly with the statement in paragraph 5.1 of PDI 80/15 that “it is not considered that the exemption order will have an adverse impact on access rights within the area given the terrain involved”.

I understand that there will require to be a period of public consultation concerning this application and I would be grateful if you could advise when this period will commence, the duration of the consultation period and the process for submitting written representations. I intend to submit a formal representation during the consultation period, which will include the following points:


1. That the proposal is unreasonable in terms of the area covered and, more particularly, in terms of the duration of the proposed suspension of public access rights for a period in excess of a year. Section 11 of the LRA(S) was envisaged to encompass short term and temporary restriction, for example during a motor vehicle rally or concert event. It was not intended to encompass long term and extensive suspension of public access – indeed Section 11 states that “Circumstances where exemptions under section 11 should not usually be considered include: …… Large country houses or estates seeking an extensive exemption for most or all of their estate for privacy” and further, that “Local authorities should treat cases on an individual basis. They are encouraged to use the power to exempt land from access rights under section 11 sparingly and apply it in respect of the minimum area of land, and for the minimum period needed, and only when other management arrangements as set out in the Scottish Outdoor Access Code and related guidance have been considered”.

2. That the proposal is flawed in seeking suspension of access to the foreshore (that zone between Mean Low Water Springs and Mean High Water Springs). The LRA is clear that Access rights legislated for under its provisions do not diminish or displace any public rights under guardianship of the Crown in relation to the foreshore. This means that the public will enjoy both access rights and common law public rights over the foreshore, as confirmed by the Scottish Law Commission’s “Report on Law of the Foreshore and Seabed”. In effect, whether or not this application is successful, a common law right of access would exist, and could be exercised, to the foreshore.

3. That the proposed suspension of access is unenforceable in any practical sense. Without the kind of extensive public notification exercise which accompanied the introduction of regulatory byelaws in the Loch Lomond and Trossachs National Park, there would be no effective way of communicating this restriction of access to the wider littoral water user community. It is accepted that PDI 80/15 states an intention to notify (but not consult) some local watersport businesses, but these business constitute only a fraction of the water user community. There are a multitude of sea kayakers, yachtsmen, casual boat users and walkers form outwith the immediate local area who could not reasonably be expected to be aware of the imposition of a restriction. It is undoubtedly the case that many people would continue to land on these beaches and from Kentra Bay with no prior knowledge of any restriction.

4. That the proposal, if successful, would set an unwelcome precedent in terms of those who wish to exempt their land or prevent public access under the LRA(S). If successful, this application would be seen as a precedent by some landowners and land managers (one prominent example may be found within Highland region) who would wish to prevent public access to their land. The proposed timescale is a particular issue in this respect, as is the production of a television programme as the primary reason for wishing to suspend access.



There is no mention in the PDI notice of an environmental assessment being conducted in relation to the proposed construction of a community, or of long term residence by the participants and technical crew. Clearly there would need to be considerable infrastructure, basic utilities and a plan to restore the site after completion of the programme. Please could you advise if there has been an environmental assessment conducted in relation to this project?

It is undeniable that the proposed basing of a television crew in the area would have some economic benefit locally – it is a moot point whether an intent to ban public access from the area would outweigh any benefit. There are many examples where short term temporary access restrictions or “on the spot” requests by film crews have worked well in producing television programmes within this region, I feel sure that the integrity of filming could be achieved without resorting to the scale of public restriction envisaged in this proposal.

Thank you for your consideration and I look forward to hearing from you in due course


Yours sincerely



Ian Johnston MBE
Tullynessle
Aberdeenshire

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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by ian johnston » Tue Nov 24, 2015 11:20 am

...and a propmpt reply from Alastair Stewart:

Dear Ian

Thank you for your mail. Please find attached a copy of the notice which will go to print this week. A map will accompany this document on the Highland Council website. Beyond the access issues S.N.H are consultees and they are in communication with the managers of the estate as they are responsible for activities on the ground. Access rights to the foreshore exist and should be unaffected by the Section 11 application.

Regards

Alastair

Alastair Stewart
Access Officer – Lochaber
Economy and Environment
Development and Infrastructure Service
Fulton House
Gordon Square
Fort William
PH33 6XY
01397 707050


The notice text is:



THE HIGHLAND COUNCIL
NOTICE OF PROPOSED ORDER TO EXEMPT LAND FROM ACCESS RIGHTS

The Land Reform (Scotland) Act 2003 (Highland Council) (Gorteneorn-Ardnamurchan Estate) Order 20__

Notice is hereby given under section 11(2) (b) of the Land Reform (Scotland) Act 2003 (“the Act”) that The Highland Council proposes to make The Land Reform (Scotland) Act 2003 (Highland Council) (Gorteneorn-Ardnamurchan Estate) Order 20__ (“the Order”) under section 11(1) of the Act.

The effect of the Order will be to exempt a 2.4km2 area of land (headland and forested area) at Ardnamurchan Estate, Ardnamurchan from the access rights which would otherwise be exercisable in respect of that land by virtue of Part 1 of the Act.

The purpose for which the Order is being proposed is to film a TV series and all purposes related thereto including safety and security of participants, personnel and equipment.

It is proposed that the Order will take effect at 0001hrs on 20 March 2016 and will expire at 2400hrs on 20 March 2017.

A copy of the proposed Order can be viewed online at www.highland.gov.uk/accessexemptionorders and at the Highland Council Service Point, Lochaber House, High Street, Fort William. Objections or representations in respect of the Order may be made to the Local Authority at the address given below, for its consideration, no later than 28 days after publication of this notice. These should be made in writing and, in the case of objections; the grounds on which they are made should be stated.

Stewart D Fraser
Head of Corporate Governance
The Highland Council
Glenurquhart Road
INVERNESS
IV3 5NX
16.11.15



So we know what we need to do - I'll be committing my email to writing as soon as this notice appears on the website.

Kind regards

Ian

RoryD
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by RoryD » Tue Nov 24, 2015 7:28 pm

Thanks for posting that, Ian - saves me from finding a web host for the image of the public notice. Alastair's email to me with a proof of the notice similarly clarifies the position w.r.t. the intertidal zone in his accompanying email:

"Please find attached a copy of the notice which will be printed this Thursday. Please direct all representations and objections as requested. Access rights will be unchanged from the sea up to the mean high water springs level of the beach."

With the notice being published this Thursday, I make the deadline for written submissions to Stewart Fraser at Highland Council to be Wed 23rd December. If they get a lot of well-argued objections, I wonder whether HC will put it to their councillors again, quietly drop it, or forward all the paperwork (incl. objections) to the Scott Govt for a decision.

Now we've a time-frame and contact for submissions, let's get writing - and spreading the word as far and wide as we can!
- Rory

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MikeB
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by MikeB » Tue Nov 24, 2015 8:36 pm

Aye - I've spread the word into the Lothian and Fife clubs, and one down south I'm involved with, also to a couple of Mountain Bothies groups on f/bk. Well worth circulating amongst other groups and clubs. To my knowledge, there's been nothing from SCA raising awareness of this either by way of direct contact to Members, on the w/site of any social media.

Mike

roddalitz
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by roddalitz » Wed Nov 25, 2015 7:44 pm

"A copy of the proposed Order can be viewed online at http://www.highland.gov.uk/accessexemptionorders "

I didn't find it, only a general exemption page, with one specific item:
Black Isle Show exemption order

Is the link wrong? or have they removed it?

regards, Rod

Chris Bolton
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by Chris Bolton » Wed Nov 25, 2015 8:49 pm

Rod, the link is right - the notice hasn't been removed, it just hasn't been put up yet.

The post above (Ian Johnston) says it's being posted on Thursday - so try again tomorrow night.

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MikeB
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Re: Beaches South of Ardtoe - proposal to suspend access rig

Post by MikeB » Thu Nov 26, 2015 10:59 pm

The w/site now links to the relevant item. My letter goes in tomorrow's post.

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