The Ramblers' Association Scotland is calling for Aviemore Highland Resort Ltd (AHR) to unblock a path in the centre of Aviemore by removing an unauthorised and controversial fence. This 4-metre section of fencing is a cause of great concern in the town and beyond, and is locally known as Aviemore's 'Berlin Wall'.
In 2004 AHR erected a fence around the resort, which lies between the village of Aviemore and the A9, without planning permission. Permission was applied for retrospectively but was refused by the Cairngorms National Park Authority (CNPA), as it was stated that the fence was contrary to the aims of the development. These included the condition to integrate the resort with the local community.
An enforcement notice was served by the CNPA to remove two sections of the fence, one at the Tesco car park in the centre of the village, and a southern section through forestry. On appeal, the forest section was allowed to remain, but the order to remove the 4-metre section by Tesco was upheld. After further delay this section was reduced in height but the fence remained, so the CNPA served a further notice and this was appealed again. The case was heard at Inverness Sheriff Court in August 2008.
AHR's argument was that the fence had been erected before the Land Reform Act came into effect, and they believed that the land on the other side of the fence was curtilage of the resort, rather than land on which access rights applied.
We feel it is very disappointing that AHR has resorted to this legal delay when it is clear that this path should be open to the local community and visitors to Aviemore.
