FOI Request Land Access

Request 101001697706

1
:: How many applications or requests have been made to the local authority for specific bye-laws or exemption (partial or full) from access rules as set out by the Land Reform (Scotland) Act?

:: What were the reasons for the request or application?

:: How many bye-laws, full or partial exemptions have been granted or turned down?

Please give answers for every year since the Act came into force in 2003, and give details of the applicant/requester.

2
:: How many complaints have been made to the council about breaches of land access rules under the terms of the Land Reform (Scotland) Act 2003?

Please give answers for each year since the Act came into force and make clear where they relate to the same landowner/tenant or separate landowners/tenants. Please also give the reason for the complaint.

Response 05-02-2018

1. 

No Bye Laws have been created  since 2003 - Exemptions have only been created on safety grounds to protect members of the public during Car Rally and Motocross Events. The Traffic Team have only processed exemptions for Access Rights since 2013 and we have no records before that period.

 

2017

 

Balloch Forest - Elgin Car Club (Rally Cars)

Teindland Forres - Elgin Car Club (Rally Cars)

Whiteash Forest - Elgin Car Club (Rally Cars)

Rosarie Forest - Elgin Car Club (Rally Cars)

Morinsh Forest - Endurance Rally Association (Rally Cars)

Nether Unthank Forest - Elgin Endurance Club (Motor Cycles)

 

2016

 

Monaghty Forest - Elgin Endurance Club (Motor Cycles)

Balloch Forest - Elgin Car Club (Rally Cars)

Ben Aigan Forest - Elgin Car Club (Rally Cars)

Rosarie Forest - Elgin Car Club (Rally Cars)

Lossiemouth Forest - Elgin Endurance Club (Motor Cycles)

 

2015

 

Nether Unthank Forest - Elgin Endurance Club (Motor Cycles)

Balloch Forest - Elgin Car Club (Rally Cars)

Bemn Aigan Forest - Elgin Car Club (Rally Cars)

 

2014

 

Balloch Forest - Elgin Car Club (Rally Cars)

Ben Aigan Forest - Elgin Car Club (Rally Cars)

Tauchers Wood - Elgin Car Club (Rally Cars)

Teindland Forest - Elgin Car Club (Rally Cars)

 

2013

 

Nether Unthank Forest - Elgin Car Club (Rally Cars)

2. 

YEAR LOCATION ACCESS ISSUE REASON FOR COMPLAINT NUMBER OF COMPLAINTS
2011 Brodie to Forres Lack of path along A96 trunk road between Brodie and Forres. Claim that access rights being affected due to damage to former path caused by roadworks 1
2011 Covesea House owner challenge that public access rights do not apply to section of track claiming this is part of 'sufficient adjacent land' around property Claim public access rights being obstructed  along a track due to verbal challenge from a homeowner 1
2011 Lossiemouth Fence erected by landowner blocks public acess to duneland area Access rights previously enjoyed to duneland area now obstructed by fence 4
2011 Rothes Threatening behaviour from farmer towards canoesists using pond Attempt by farmer through threatening behaviour to prevent canoeists from exercising their access rights to a pond 1
2011 Gedloch Locked gate across track used by horse riders Access rights along track obstructed by locked gate related to boundary features of new house 7
2012 Forres Locked gate across start of flood aleviation track off St Leonard's Road Obstruction of public access rights along track due to locked gate 2
2012 Lossiemouth Proposal by Lossiemouth harbour association to limit public access to harbour pier Disagreement relating to level of public access rights to Lossiemouth harbour pier 2
2012 kingston Private Access sign at start of track deterring non vehicle users Non compliant private sign operating as abarrier to public access rights 1
2012 Fochabers Locked gate across track at Swiss Cottage Claim public access rights obstructed by new gate across a vehicle track 1
2012 Sleepieshill Wood Dog control issues affecting access along a track past a house Access rights being adversely affected due to dog contol issuesrelated to resident af a cottage adjacent to a track 1
2013 Aberlour Victoria Bridge Potential bridge closure and consequent closure of Core path Owners threatening dissolution of management organisation responsible for bridge  which would result in closure unless another liability arrangement could be secured 1
2013 Dallas House development blocking access rights along track from public road into woodland Access rights previously enjoyed now obstructed by new house development with planning consent 3
2013 Dufftown Tied gate obstructing use of Gordon's Cross Core path Barrier to public access being caused by tied gate across Core path 2
2013 Elgin Private no entry sign at Mayne Wood not in acordance with access legislation Public access rights along track being obstructed by non compliant sign 1
2013 Elgin Earth bunds across track at Mayne Ponds restricting access Claim public access rights being obstructed due to newly erected earth bunds across track 1
2013 Across Moray Land management issues experienced from horse rider use in various woodlands across moray Claim of unresponsible access from horse riders in various woodlands across moray 1
2013 Orton Land management issues experienced due to dogs not being kept on a lead near to livestock Claim of unresponsible access from dogs not being kept on leads in proximity of livestock 1
2013 Pauls Hill Locked gate across access track to windfarm Access rights obstructed by locked gate across vehicle track to Pauls Hill windfarm. 1
2014 Cabrach Estate factor challenge that access rights do not apply to section of track claiming that it is part of 'sufficient adjacent land' Claim public access rights being obstructed along a track due to verbal challenge from an estate Factor 2
2014 Darnaway Do not enter' sign functioning as a deterrent to public access Public access rights being obstructed by non compliant signage 1
2014 Findhorn Barricading of access path to beach Access rights along beach path being obstructed by barricading using tree branches etc 1
2014 Keth Locked gate across Core path KT10 Possible obstruction of public access rights along Core Path due to a locked gate 1
2014 Tiendland Locked gates across a track Possible obstruction of public access rights along Core Path due to  locked gates 1
2014 Kinloss Coastal erosion threatening access along Moray Coast Trail at Kinloss Barracks Threat to public access rights along Moray Coast Trail Core path caused by coastal erosion. 2
2014 Cullen House Access restricted due to management of privacy zone around house Claim public access rights are adversly affected due to management measures elated to defining 'sufficient adjacent land' around large house 1
2015 Binn Hill Gamekeeper challenging access taker with dog due to presence of phesant pen Claim public access rights being obstructed along a track due to verbal challenge from a gamekeeper 1
2015 Craigellachie Impact including riverbank erosion  caused by canoeists overnighting at Craigellachie Pool on the River Spey Claim of iresponsible public access due to adverse impacts of wild camping by river users at Craigellachie on the River Spey 1
2015 Fishwives path Gate across signed and promoted Fiswives path at Addie Hill now locked by farmer Access rights previously enjoyed along the Fishwives Core Path now obstructed due to locked gate 4
2015 Cullen Stray golf balls from nearby course presenting a danger and a deterrent to users of  Core path CU02 Stray golf balls adversely affecting access along a Core Path 1
2016 Elgin Proposed closure of Core Path EG39 Railway Works at Station possibly requiring permanent stopping up of Core path EG39 would diminish the overall Core paths Network 2
2016 Ballindalloch New fence blocking access between public road and river Spey Claim public access rights to river particularly for watersports users being obstructed by a new fence 11
2016 Blerve, Rafford Fence erected by landowner to define 'privacy' area around large house and property Claim that public access rights being obstructed by a new fence to a woodland and pond area previously unfenced 7
2016 Carron Locked gate obstructing Core Path access route to the River Spey Claim public access rights being obstructed along a Core Path due to erection of new vehicle gate 2
2016 Dallas Locked gate obstructing access track  from public road to woodland Public acess rights being obstructed to woodland due to locked gate across main access track 1
2016 Macalea Deteriorating fence alowing cattle to wander across access track Access rights along track being restricted by presence of cattle 1
2016 Hopeman Farming operations between adjacent fields affecting accessibility along Core path LM18 Claim access rights along Core path being obstructed by farming operations 1
2016 Roseisle New fence blocking Core path LM01 in 2 places Access rights along Core Path LM01 obstructed by erection of a new fence 11
2017 Dava Way Livestock on path due to inadequate fencing Access along path being deterred by presence of cattle due to inadequate fencing 1
2017 Dufftown Parked farm vehicles obstructing public access along a track particularly for horses Claim public access rights are being obstructed due to farm vehicles being parked along a track 1
2017 Elgin New boundary fence around Findrassie Wood blocking access to an area formerly open Access rights previously enjoyed to open woodland now obstructed by new boundary fence 1
2017 Hopeman Site works at caravan site compromising safe public access along a Core path at Hopeman caravan Park Detrimental effect on access rights along a Core Path due to site works 1
2017 Mundole Two locked gates across track down to river Locked gates obstructing public access rights along track to the river Findhorn where there was previously unrestricted access 2
2017 College of Roseisle New house development obstructing path route up to Tappoch hill Access rights along Tappoch path obstructed by new house development. 1
2018 Duffus Green Roadie path very muddy and virtually impassable due to passage of farm vehicles Farm management operations creating muddy sections along a Core path which is operating as a barrier to public access 1
This table is a summary of the access complaints we hold electronic records for. Many more issues were quickly resolved through a simple telephone call or E mail and consequently records were not kept for these.

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