Golf and Access

May 2006

In 2006 the Scottish Golf Union (SGU) claimed that problems had arisen with the access legislation, relating to irresponsible access being taken across golf courses. A cross party group on golf within the Scottish Parliament, convened by Alasdair Morrison MSP, was set up with SGU’s support to look into this and other issues, and to discuss whether an amendment was needed to the Land Reform Act to remove statutory access rights over golf courses and instead require walkers to stick to paths.

Troon golf club sign

Ramblers Scotland did not accept that there was routine disturbance of play around the country, but rather we suspected that individual, small scale incidences of irresponsible behaviour may be occurring. In that case, there were plenty of remedies available within the legislation and Scottish Outdoor Access Code to deal with these kinds of problems, so we were disappointed that the SGU had gone straight to MSPs, rather than first trying to resolve the issues on the ground or through discussions with the National Access Forum.

The flexible approach which was allowed for within the Land Reform Act enables each golf club to find its own solutions to any problems. For example, they could engage in dialogue with those causing the problems, or get the local authorities involved as they now have duties to uphold access and help land managers to facilitate access. Golf clubs could ask for advice from Local Access Forums which now exist across Scotland, or, for dealing with persistent problems, byelaws could be introduced. We believe this is a much better and more sensitive approach than the inflexible system in England where walkers can only cross golf courses on rights of way.

There are over 500 golf courses in Scotland, and many of them are important as greenspaces for communities to use for local access. In addition, the ability to cross them is crucial where golf courses line riverbanks and coastlines and could potentially place huge blocks on access. Golf courses are not in use 24 hours a day, 7 days a week, and the presence of walkers can help reduce the risk of vandalism or irresponsible behaviour.

We also believed that the SGU was not being proactive in advising its members on how to implement the legislation, as many unwelcoming signs on golf courses remain which do not encourage walkers or other users.

What does the legislation say?

The legislation provides for a statutory right of passage across golf courses, with appropriate advice built into the Scottish Outdoor Access Code. Statutory rights apply to virtually all golf course land, except greens. The Code makes clear that walkers are not expected to disturb golfers when exercising the right. Cyclists and horseriders are expected to stick to paths, and dogs must be on a lead. Golf courses are the only places where the statutory right does not include recreation as well as passage. This distinction was thought to be necessary as the inclusion of recreation within the right would have given statutory protection to anyone who wanted to play golf on a golf course, without paying. This left the problem that safeguards were still needed for recreational activities such as sledging and cross country skiing - golf courses are ideal for these activities – the short grass on the fairways provides a good surface even after only a limited snowfall. This situation was covered by building into the Code a reference to the need for golf course managers to respect these traditional activities.

Ramblers Scotland opposes any suggestion that walkers should be required to stick to paths or designated routes at all times. Some of the reasons for this position were summed up by the Deputy Environment Minister, Allan Wilson MSP, during the passage of the Land Reform Bill on 11th September 2002:

“We are not convinced of the desirability of restricting rights for people crossing golf courses to so-called designated routes as opposed to paths. That apart, I have doubts about the practicality of such an approach. For example, who would be responsible for designating routes? Could the golf club designate a route? Would there be any requirement for consultation? Would there be scope for appeal? If a third party, such as a local authority, were to be responsible for designating routes, what provision would be required for that? Would it be required to consult? What appeal mechanisms would be appropriate in those circumstances? If we take all that on board, we find that amendment 242 is neither necessary for the purposes of responsible access nor desirable.”
To read more link up here

Scottish Outdoor Access Code, page 96 - Golf courses

Responsible behaviour by the public

You can only exercise access rights to cross over a golf course and in doing so, you must keep off golf greens at all times and not interfere with any golf games or damage the playing surface. Golf courses are intensively used and managed, and there can be hazards such as where golfers are playing “blind” shots. In exercising access rights:

allow players to play their shot before crossing a fairway;
be still when close to a player about to play;
follow paths where they exist; and
keep your dog on a short lead.

To avoid damaging the playing surface, cyclists and horse riders need to keep to paths at all times and not go on to any other part of a golf course. When fertilisers and pesticides have been used, the duration of any hazard depends on the material used but should not normally extend more than a few days. Golf course managers can ask you to avoid using particular routes at these times. Following such advice can greatly help to minimise risks to safety.

Responsible behaviour by land managers

Wherever possible, provide paths around or across the course and/or advise people on the safest ways through the course. This will help to minimise safety risks.

In winter many people enjoy activities like sledging and cross-country skiing on golf courses. This can be important to local communities. These activities rarely cause any problems if done responsibly – by keeping off greens, tees and bunkers – and when there is sufficient snow cover. Golf course managers are encouraged to accept such access when it is carried out responsibly.