Access is being denied in areas where the public have a perfect right to walk, says veteran park watcher
Walkers and nature lovers claim ‘signisitis’ has broken out on the most popular and interesting parts of Loch Lomondside.
By Bill Heaney
Faceless bureaucrats in public authorities and quangos are making life a misery for walkers and nature lovers using Loch Lomondside as a lung to enjoy exercise and fresh air during the corona virus crisis.
Veteran walker and campaigner for access to areas where landowners have traditionally made people unwelcome, Nick Kempe, of Parkwatch Scotland, claims that visitors and local people from towns such as Dumbarton, Helensburgh and Alexandria in Vale of Leven are victims of a campaign by landowners to deter them from taking to hills such as Ben Lomond and Conic Hill.
He says the main impediments to access in areas like the east shore of Loch Lomond have been the closure of roads and car parks by public authorities and that the area from Drymen to Balmaha has been blighted by an outbreak of “signisitis”.
Nick, pictured right, who is a retired local government official, said: “The signs on the gate in Balmaha reminded me of the debate about access to fields which took place with landowners in the negotiations which eventually resulted in the Land Reform Act.
“Landowning interests generally wanted people to stick to paths and not be able to wander across fields.
“On the recreational side, one of the arguments we used against this was that if there was a tree in the middle of a field, why shouldn’t someone walk over to take a closer look or sit down beneath its boughs? (Provided, of course, this didn’t damage crops).
“So why now, shouldn’t people walk up to and around the great oak tree in Balmaha?”
Under the Land Reform Act there is no right of access to the curtilage of buildings or work premises such as boatyards.
But signs appear to have been erected to stop access to the boatyard, which the owners have every right to do.
He added: “While there is no right of access to the boatyard, people used to walk through it to get to the Inchcailloch Ferry, which has been closed since the start of the corona crisis
“The problem is the gate does not mark the boundary to the boatyard but includes part of a field with a beautiful oak tree in it.
“Common sense – which is what most of the Scottish Outdoor Access Code is really about – tells you that people should be able to walk through the gate and take a closer look.
“That raises the question about whether the Loch Lomond and Trossachs National Park Authority’s Ranger Service, who must have seen these signs, have done anything about them?”
Mr Kempe speculated: “Unfortunately, judging by a long history of the National Park Rangers driving past unlawful access signs and failing to do anything about them, I suspect not.
“Unfortunately too, I suspect that when I report these signs, the Loch Lomond and Trossachs National Park Access Team will become embroiled in complex negotiations about the boundary of the boatyard.
“The issue should be easy enough to address. One sign on the gate that said ‘Boatyard closed, but you are welcome to come and take a closer look at the oak tree’ would suffice.
“Covid-19 is of course completely irrelevant to the question of whether people have the right to step onto the edge of the mooring area and look out over the loch.
“But it is being misused as another reason to try and prevent access.”
He added: “At another park I visited, there were a dozen such signs along 15m of the bank. It appears that some people believe that, just like at Balmaha, the more signs they erect, the more people are likely to observe them.”
These were being passed off as “official” with the Regional Park logo on them – “There was a gate just a few metres from this sign but obviously signs at the gate were not enough. Our Regional and National Parks must be able to do better than this. A good start would be to get rid of all signs that try and use Covid-19 to deter access.
“More generally, our access authorities should be trying to reduce the number of signs that tell people not to do things – it looks terrible and doesn’t work – and instead focus on fewer signs with helpful messages.”
Replying to questions from people with an interest in the park and what’s happening there, Nick Kempe said it is worth reporting problems as an individual.
He himself had several resolved – “As an individual though I would also copy in Ramblers or Mountaineering Scotland or other relevant recreational organisation and if you get nowhere ask them to help you pursue. There is NO monitoring of the extent of access problems in Scotland as far as I am aware.
“Unfortunately, our public authorities are doing very little to improve access data, which is why Ramblers Scotland has ended up with a project to map all paths across Scotland.”
Meanwhile, Nick Kempe has explained that the Land Reform Act gave people the right to access fields with livestock and the Scottish Outdoor Access Code states this clearly:
“Access rights extend to fields with farm animals, but remember that some animals, particularly cows with calves but also horses, pigs and farmed deer, can react aggressively towards people. Before entering a field, check to see what alternatives there are. If you are in a field of farm animals, keep a safe distance and watch them carefully. If you have a dog with you, see the guidance on dogs.”
The Guidance on dogs states:
- “Don’t take your dog into fields where there are lambs, calves or other young farm animals
- If you go into a field of farm animals, keep your dog(s) on a short lead or close at heel and keep as far as possible from the animals”
Nick said: “The signs are therefore clearly unlawful. They appear to have been erected by none other than Fergus Wood, farmer and owner of Ledard farm, former councillor and Board Member of the Loch Lomond and Trossachs National Park Authority.”
“A few weeks ago I set aside past differences with Mr Wood and praised him for calling for farmers to open up their fields to provide additional car parking.
“While I can appreciate farmers would want payment for doing so, there is absolutely no excuse for him or other farmers trying to stop people from exercising their access rights to enjoy the countryside.
“Unfortunately, through saying one thing and doing the opposite, Mr Wood threatens to undermine his own credibility. His proposals remain sensible, his actions unlawful.
“That the LLTNPA’s Ranger Service, who pass by these gates on a regular basis while ‘policing’ the camping byelaws in Strathard, have not noticed this signs and taken action, provides further evidence of the National Park’s failure to defend access rights.”
In and around Balmaha, which with Ben Lomond and Conic Hill, attracts thousands of visitors.