News Release
Canavan calls for action by Scottish Government
Dennis Canavan, President of Ramblers’ Association Scotland, has called on the Scottish Government to take immediate action to safeguard the right of access to the countryside in response to the judgement in favour of Mrs Ann Gloag of Kinfauns Castle, near Perth.
The call comes on the eve of a debate (1) in the Scottish Parliament (Wed 12 Sept, 5 pm) initiated by Sarah Boyack MSP, former deputy environment minister.
Former MSP Canavan said that the case clearly demonstrated the need for change:
"The Kinfauns judgement suggests we risk our land reform legislation becoming one law for the rich and another for the rest of us. It is outrageous that Perth and Kinross Council and the Ramblers are together faced with a potential bill of almost £145,000 to meet Mrs Gloag’s costs in addition to the £40,000 that it has cost the Council and the Ramblers to challenge Mrs Gloag’s action."
Canavan called the Scottish Government to act immediately:
"This was not a major test case before the European Court or House of Lords. It was simply an argument in Perth Sheriff Court over access rights to 4 acres of woodland which Mrs Gloag had originally enclosed within a 6ft high fence without seeking the necessary planning approval.
"The Scottish Government must take action to protect Local Authorities and other bodies who are acting in the public interest from such enormous legal costs. The Kinfauns judgement has demonstrated that, if you are a landowner with enough cash you can go to court and secure your own privacy zone without fear of any Council or other body being able to challenge you. If the Scottish Government believes in access to justice for all the people of Scotland then Kinfauns is the case which tests that commitment. In England there are Protective Cost Orders available to deal with such situations – it is time the Scottish Government caught up with the arrangements south of the border and delivered at least the same protection to the Scottish people."
Canavan also highlighted two sections of the Land Reform (Scotland) Act 2003 which enable Ministers to act speedily to rectify the problems that have emerged from the Kinfauns case:
"Section 8 of the Act allows Ministers to 'modify any of the provisions of sections 6 and 7', following consultation. The problems emerging from the Kinfauns case lie within these sections and involve measures to safeguard the privacy and enjoyment of persons living in houses or other places. Simple adjustments are required to overcome the current problems.
"Section 27 allows Minister to 'give guidance to local authorities on the performance of any of their functions' in relation to the access legislation. Ministers must use this power immediately to advise local authorities that they must not give planning approval for any developments if they believe that access rights will be interfered with by such an approval. It was the failure of Perth and Kinross Council to resolve this access situation at Kinfauns, before they gave retrospective planning approval for Mrs Gloag’s fence, that has led to this whole dispute.”
Finally Canavan emphasised there is no excuse for delay:
"Ministers must not hide behind the excuse that there are other court cases in progress. The Kinfauns case has been completed. It has quite clearly demonstrated that the Act can be interpreted in a way which was never intended by Parliament. Ministers need no more evidence before deciding to act to safeguard Scotland’s world renowned 'right to roam'."
(1) Download the Parliamentary Briefing
