Wednesday, 4 July 2007

Kinfauns Update

Ramblers' Association have decided not to appeal

“We remain disappointed by the judgement of the sheriff, Michael Fletcher, in the Kinfauns case. We believe it is incompatible with the provisions of the land reform legislation and does not reflect the intentions of the Scottish Parliament when it passed this legislation. We are advised that a case could be made to challenge this judgement in a higher court. Nevertheless, following discussion by the Ramblers’ Scottish Executive Committee, we have concluded that the best way forward is not to appeal the judgement ..." (link)

Other comments from the RA in their full statement:

  • This judgement from Perth Sheriff court is not binding on other courts so, if the Kinfauns case is concluded at this stage, no precedent is set for cases involving other courts where landowners seek declarators.
  • however, there may be a need to modify section 10 of the Act to make it clear that the Code has the role of explaining not only the principles of responsible behaviour under the land reform legislation but also in
    helping to define the areas of land and water to which access rights do or do not apply.
  • We also regret that Mrs Gloag erected the mile long security fence without first obtaining the necessary planning approval. The process by which she obtained retrospective planning approval was unusual...Neither do we understand how the development control section of Perth and Kinross Council could have considered it sensible to grant this planning approval without reference to elected members and knowing that their own access officials were making it clear that access rights applied inside the fence. The Council’s decision to give retrospective approval for this fence, while at the same time providing no arrangement whereby the statutory access rights could be exercised within the fence, provided the starting point for this conflict. Local Authorities in future must not grant planning permission without first ensuring that such permission is compatible with the land reform legislation.

Previous AktoArticles:

Privacy Zone; One, Two, Three.

I hope the owner enjoys her privacy in the green zone.