Wild Land News no 70, Autumn 2007

Access Issues Hit The Courts News

In the first case over access hitting the Courts, landowner Ann Gloag has won a Declarator order in the Sheriff Court in Perth to exempt part of the grounds surrounding her house, Kinfauns Castle, near Perth, from statutory access rights.

The case was fought by Perth & Kinross Council and the Ramblers' Association, and they have decided not to appeal the decision. The Ramblers' are lobbying the Scottish Parliament to have the legislation tightened up to make the issue of grounds round large houses clearer, and to make the Access Code central to any court interpretation.

Reports about the huge sums of around £200,000, understood to have been awarded to Ann Gloag in costs, could prove a disincentive to others in challenging wealthy landowners. Furthermore, voluntary organisations and local authorities cannot reasonably gamble on incurring further expense though an appeal in the higher courts, whereas a super-rich landowner might well be prepared to take the risk.