27/09/2024
I have created this page to raise awareness regarding the Land Reform (Scotland) Act 2003 (commonly known as the Right to Roam) and will be updating this page frequently with updates on my progress.
Please contact me if you are able to help me with this issue.
Those who live across the world look upon Scotland as the land of freedom, whereby one can enjoy the outdoors, walk for hours, explore, due to Scotland having the Legal ‘Right to Roam’ (The land Reform (Scotland) Act 2003), however please read on and you will see that this Legal Act is not worth the paper (or screen) it is written on.
A little background about myself
I was born in the Highlands of Scotland and lived there as a child before moving South at the age of seven, and I grew up on the boundary of North Kent/South East London.
We raised our children in the South, and once they reached their 20’s, my wife and I fulfilled our lifelong dream of moving to Scotland, to enjoy the countryside and outdoors. Luckily our children also relocated to be with us, therefore we couldn’t have been happier.
We moved to a very beautiful small village, with nothing around us apart from fields of sheep, cows, and beautiful hills.
We have lots of beautiful countryside surrounding us to enjoy, however we have very little in the form of footpaths.
We also have lots of narrow country lanes, however due to being National Speed Limit, the cars pass by at motorway speed whilst we walk, and I have lost count of the amount of times that cars have passed by me at very close distance. I recall one incident very clearly, I actually hit the side of a van with my arm due to it driving so close to me at high speed with complete disregard for pedestrian safety. This shows how close the van was if I was able to reach it with my arm.
I also see many other dog walkers in the mornings who are also facing danger on these roads every morning whilst walking their dogs.
The Issue
I therefore started venturing into the fields for a more enjoyable and safer walk, remaining on the outside boundary, and staying away from any fields with cattle or sheep.
However, on one occasion whilst walking up a farm track back from a field, I was approached by a local resident who was in the process of building another house in his rear garden (he later sold the existing house and moved into his new house), advising me that I am not to be in that field or walk up the track past his house, as he owns that track, and doesn’t want me to use it as a walking route otherwise he will have everybody walking past.
The situation turned nasty, with him threatening me, advising me that he was only rolling around in that field with somebody else a few months previous over the exact same issue.
I explained that I had the Right to Roam in accordance with The Land Reform (Scotland) Act 2003 and I will be using this route whenever I choose.
The next time I used this route, I found the gate to the field padlocked closed, I therefore had to pick my dog up, throw him over the gate, and then climb over myself.
The Resident was on his building plot watching me, and again became threatening, and I reminded him of our last conversation whereby I explained to him that I will be using this route whenever I choose, and no matter what he does, I will be walking this route.
The next time I used the route, he had not only padlocked the gate closed, he had also put barbed wire over the top of the fence to stop me climbing over it, and I ended up cutting my leg.
The next time I used this route, not only had he padlocked the gate closed, with barbed wire over the top, he had also this time installed anti climb boards between each section of the gate, to stop me using my feet to climb over it. I ended up having to body roll over the top of the fence to get back out of the field.
The next time I visited, the farm gate was removed completely, and had been replaced with normal farm fencing, so that it appears there is no access to the field, even though it has a farm track that leads all the way down to the fence.
At this point it was becoming ridiculous, I therefore sent a letter to our Local Council in July of 2023, advising them of the issues being experienced and that I believe I have a right of access as per The Land Reform (Scotland) Act 2003, and I detailed all of the relevant clauses of the Act , including photos of the obstructions installed, and photos of my cut leg.
The Council transferred my case to their internal Access Development Officer who contacted me, and also involved the Local Access Forum, who visited the site, and confirmed that they also believe I should have access to the field.
They then identified the owner of the field (a local Farm), and the resident that is creating the obstruction, and wrote warning letters to both, however they then discovered that this access track is not actually owned by either the Farm or the Resident who is creating the issues.
They advised me that they will be writing to the owner of the track, however they do not believe that they will have any interest in the track, and this sounded very promising indeed.
However, it also means that the Resident has now built a new house and he doesn’t own the track like he told me, or like he had stated on his Planning Application, therefore he probably has no rights of access to his new build house, has deliberately lied on his Planning Application, and the Council appear to have no interest in this and have advised me that they accept that an Applicant has answered the questions on the Planning Application honestly.
Furthermore, they also ask on the Planning Application whether the works will affect any Public Rights of Access, and he has stated ‘No’! Well it clearly 'has' hasn’t it?
I have been in correspondence with the Council at least monthly since July 2023, and things have been very slow, however they did get to the stage of sending out Warning letters, advising the parties that if they do not remove the obstructions, then they ‘may’ take Legal Action.
I then chased up again this week, and I was absolutely shocked to receive a reply that after careful consideration, they have decided to cease action, due to the two points detailed below.
I am the sole complainant, therefore this track and field are not of significant interest or importance to the wider community.
Council Resources
The reason for me being the only Complainant, is most likely firstly due to the low population of our village, but secondly most of the Village have grown up with this individual. Most have lived and worked in the village all of their life. Furthermore, this Resident and his immediate ancestors have lived in the village for the last 150 years and more, therefore he thinks he owns the village. He is also a very tall and big built controlling individual, therefore most of the people in the Village probably do not want confrontation.
Therefore we as a Community are now in a position whereby we can either risk our lives walking our dogs in the roads with cars passing by at motorway speed, or take our dogs out in our cars and drive to a place to walk them in safety, however why should we when Scotland publicly advertise the freedom of access in Scotland?
