Ramblers court success - Snowie appeal case abandoned, 13th January 2010
The appeal brought by Mr Euan Snowie against Stirling Council and the Ramblers' Association was withdrawn after argument at the Court of Session in Edinburgh on 13th January. Expenses were awarded to the Council and the Ramblers.
Dennis Canavan, Convener of Ramblers Scotland said: "We are pleased that Sheriff Cubie's judgement at Stirling Sheriff Court has been upheld."
In April 2008, Ramblers Scotland and Stirling Council won their legal case against Euan Snowie and Claire Snowie, which came to court during May 2007. The judgement was appealed, and the case was set to be heard in the Court of Session on 13th/14th January 2010.
See our January 2010 news release here
See our April 2008 news release here
Read the Sheriff's judgement here
Background to the case
The case involved an application by the Snowies to declare 40 acres of their 70-acre Boquhan estate to be land on which access rights do not apply. This is the same process applied for by Ann Gloag at Kinfauns Castle, Perth, which Ramblers Scotland and Perth & Kinross Council opposed, but the Sheriff in this case agreed with Mrs Gloag.
In 2005, the Snowies, owners of the Boquhan Estate near Kippen, locked gates preventing public access across their land. This route had been used for many years by locals and so, after complaints from residents and discussions with the estate, one gate was opened. After further complaints received in September, it was found that the gate had been locked again so Stirling Council served a legal notice on the owner to unlock the gate and enable access. The landowner appealed the notice and the case was due to be heard on 20th September 2006 at Stirling Sheriff Court. However, it was then learnt that Mr Snowie had also applied for a “declarator” under Section 28 of the Land Reform Act to rule that the 70-acre estate should be declared land on which access rights do not apply. This area claimed as private was later reduced to 40-acres. Mr Snowie argued that excluding the public was essential to protect himself and his family, and for shooting on his estate. It was also found that the residents of the lodge at the locked gates were responsible for locking them and they were included in the court action.
Ramblers Scotland agreed with the council that the exclusion zone was unnecessarily large, and was supportive of the council’s opposition to this application, as well as the serving of the legal notice to unlock the gate. Crucially, Mr Snowie was seeking to declare the driveways of his estate to be areas on which access rights did not apply. We believed that the Scottish Outdoor Access Code was clear in paragraph 3.16 that driveways should be included, and that access could be taken past gatehouses. We decided to become parties to the case as we felt that we could make a significant contribution to the case, following our experience in the Kinfauns case, and having extensive knowledge and understanding of the land reform legislation and the parliamentary process which led to its development.
The hearings took place on 4 days from 21st May 2007 and included a site visit by the sheriff and all three parties. The judgement was announced on 23rd April 2008 and costs were awarded to Stirling Council and the Ramblers' Association after a further hearing in June. You can read the sheriff's judgement on the costs award here. Mr and Mrs Snowie then decided to appeal the decision.
Access row tycoon's safety fears BBC 22/05/2007
Landowner tells of 'rude' public, BBC 22/05/2007
Landowner's family 'kidnap risk', BBC 23/05/2007
'Frustration' at estate's closure, BBC 24/05/2007
Ramblers right to roam victory, The Herald 24/04/2008
