Another Venue Bites The Dust Part Ii

[bigfoot]

Our club recently lost permission to use a venue that has been use only one or twice a year for the past thirty years or more. The venue is Nigg Bay which is a very short stretch of rocky coast line just at the mouth of Aberdeen harbour. The land crossed to access the coast is council owned and for the past thirty plus years they have been happy for us to cross it. The venue itself is on the rocks between the high and low water marks and as such is Crown land not under the councils control but as I said we need to use a coastal path to access it. Two year ago a council member was walking his dog on the only day we used it and has kicked up a fuss. At a council meeting last week our club president was informed that the council couldn't allow access and sited (I think wrongly) the recent Scottish 'right to roam' legislation.

They are telling us that before we can gain access we have to apply for the 'right to roam' to be suspended for the day of the event. This has to be published 28 days ahead and if anyone objects the event cannot take place. Its just not worth fighting this one for land we seldom use anyway but it could in theory have wide ranging implications for ALL other events in Scotland.

If the council are right and the 'right to roam' has to be suspended it would not only affect this small council owned piece of land but ALL Scottish land no matter who owns it as the 'right to roam' covers the whole of Scotland. It would mean for instance that the SSDT would have to apply to suspend the 'right to roam' on the West Highland Way (one of the most popular walks in the country.) I just can't see that one getting approval can you?

I really think the council have got this one wrong but its something to keep in mind especially as DEFRA appear to be finding ways and means of putting the screws of trials south of the border.

Edited June 11, 2007 by bigfoot

[perce]

Get professional help & fight it all the way.

[rabie]

its seams very tricky but i hesitate to comment because Scottish law is very different especially in the rights of way arena.

for England and wales, landowners of land which has been designated right to roam, can apply to close it for a variety of reason. since our land isn't included I've never researched the options and the application process. I'm highly suspicious of the bit about "anyone" objecting though. If i recall correctly it was specifically worded to allow grouse hunting and stuff like that to continue by closing the vast areas of land through this process.

try LARA ... ???