We have set up a Ramblers Scotland Legal Defence Fund to help fight access legal cases and ensure we are able to ask for legal advice as required.
Please donate today by telephoning 01577 861222(Office hours Mon-Fri, 9.30 - 5.30), or complete this form and send to the Ramblers Scotland Office.
Kinfauns Castle
In summer 2005, Stagecoach founder Ann Gloag erected an unsightly seven-foot high security fence around her home at Kinfauns Castle, near Perth, in advance of obtaining the necessary planning approval. Historic Scotland was not consulted over the planning application and subsequently protested, describing the new fence as having a “significant and detrimental impact on the designed landscape” of Kinfauns. The controversy generated extensive media coverage.
The fence is about a mile long and encloses around 12 acres, including a substantial tract of native woodland. Some unusual conifers can be found here, including one specimen described as “the best swamp cypress in Scotland”. Perth & Kinross Council agreed with us that statutory access rights applied to most of the woodland area enclosed by the fence, including several old paths. This was disputed by Ann Gloag, who applied to Perth Sheriff Court on 1st June 2006, under section 28 of the Land Reform (Scotland) Act 2003, for a “declarator” that access rights do not apply within the fence.
We believed that if Ann Gloag were to win this case it would set a dangerous precedent which could be used by other landowners in Scotland who wish to exempt land from statutory access rights. This would be a serious blow to our hard won access legislation and was the reason why Ramblers Scotland and Perth & Kinross Council launched a challenge against Mrs Gloag.
The case came to court in October 2006 and the sheriff delivered his judgement in Jund 2007.
Legal Defence Fund
Unfortunately Kinfauns is not likely to be the last legal battle. We are already aware of other cases appearing in court to challenge the Land Reform Act. We expect the number of court cases to increase over the next few years as those opposed to statutory access rights seek to undermine the intentions of the new legislation.
Any donation you are able to make will help us ensure that years of dedicated campaigning for access rights that are amongst the best in the world are not eroded away by landowners such as Mrs Gloag. The Ramblers must be able to challenge this and uphold the public interest on behalf of all walkers!
Therefore, we are establishing the Scottish Ramblers Legal Defence Fund. This fund will only be used to pay legal costs relating to Scottish access problems. It will enable us to react quickly to cases as they occur, without the need for individual appeals.
Your support makes it possible for us to carry on our crucial work for walkers. We must protect access rights for the benefit and enjoyment of all. Without your help we could not continue to safeguard our rights of access to Scotland’s countryside.
We seek your help to fight and win this case. Our victory for walkers’ rights depends upon your generosity, so please donate today by telephoning:
01577 861222 (office hours Mon-Fri, 9.30-5.30), orcomplete this form and send to the Ramblers Scotland Office.
If you want to be kept up to date with progress in our legal cases or to join our campaign network please provide us with an email address. Email us at: scotland@ramblers.org.uk
The court case started on 23rd October, with a site visit by the Sheriff to Kinfauns Castle. Evidence from Mrs Gloag's witnesses was heard over three days in October and November, while evidence for Perth & Kinross Council and Ramblers Scotland was heard on 3rd and 4th January 2007. The court case has now closed, and the result of the case is not expected until March/April.
More information about Kinfauns Castle
