FIFE ACCESS FORUM
TUESDAY 11th of June 2013 – FIFE HOUSE, GLENROTHES
MINUTE OF MEETING
PRESENT:
William Campbell, Fife Community Safety Partnership & Vice
Chairperson Fife Access Forum; John Stewart, National Farmers’
Union of Scotland; Donald Murray, Scottish Canoe Association;
George Berwick, Cyclists Touring Club; Beryl Leatherland,
Community Group Stakeholder; Ed Heather-Hayes, Fife Coast and
Countryside Trust; James Adam, National Farmers’ Union of
Scotland; Douglas Christie, Scottish Land & Estates; Neil
Sutherland, Markinch Heritage Group; Aileen Davis, Forth & Tay
Disabled Ramblers; Cllr Peter Lockhart; Liz Pullar, British Horse
Society; Johanna Willi, Scottish Wildlife Trust; Patricia Galfskiy,
Fife Rural Partnership; Neil White, Forestry Commission
ATTENDING:
Alison Irvine, Senior Access Officer; Sarah Johnston, Access
Officer; David Frew, Service Manager, Transportation Services;
APOLOGIES:
Peter Howden, Parks Development Manager; Rae McKnight,
Markinch Heritage Group; Chic Nash, Ramblers Association &
Chairperson Fife Access Forum, Ruth Bennett, National Health
Service
Bill explained that he was chairing the meeting in Chic’s absence. He welcomed the
three new members of the forum and invited members to introduce themselves and
say which organisation they represented.
2. MINUTE OF MEETING OF 12 March 2013
The minutes were approved as an accurate record, proposed by Beryl Leatherland,
seconded by Peter Lockhart.
3.
MATTERS ARISING
5 - Induction of new members, no alterations were suggested to the paper, so Chic CN
will undertake induction of new members at a mutually convenient time.
11.1 Perth and Kinross Local Access Forum AGM, no-one attended from FAF.
4. Access, Kilernie Farm, Saline
(a) Presentation from Mr Squair, Kilernie Farm.
Liz Pullar declared an interest and would not be voting.
The computer technology did not operate so no visuals were available to Mr. Squair.
Mr Squair, has been 1 ½ years at farm, and has been under pressure in relation to
equine access.
Route: Steelend end, quagmire, locked gate, due to previous incident with sheep
escaping, previously wired-up kissing gate replaced with new one by Fife Council.
Small culvert/bridge needing repair and would not be able to take regular use of
horses. Route goes through gate into open field, open to stock occasionally a bull
and cows with calves at foot; another gate takes the route past an operating quarry.
Vehicles in operation, loading on the track; Easter Kilernie house, track passes very
close to house. Mr. Squair read out letter from householder at Easter Kilernie
expressing concern re security issues and further opening up access to additional
uses. Concerns re anti-social behaviour, security and house values falling. Also
referred to reporters core path decision. Mr Squair next referred to privacy at his
own house at Kilernie Farm. Next on the route there are problems of cattle grids (with
adjacent gates); from Kilernie to Tullohill the farm road is narrow, dyked on one side
open ditch on the other. Referred to his recent fencing repairs. Last access difficulty
is another long established cattle grid, side fence and stile. Access officers have
inspected the stiles and are happy with them. Referred to site visit where potential
hazards had been identified.
Mr Squair then went onto address points raised in the Saline riders presentation to
the FAF.
1.Ground too wet for horse access – this is a wet area.
2.Disruption to land management is not an issue – he refuted this by illustration of
various vehicle movements.
3. Security of houses and stated the 4 other home owners are supportive of horse
access; he refuted that there was supporting evidence.
4. B914 business especially HGV’s. He refuted this; HGV’s are excluded in planning
agreement in connection with mineral extraction. (Riders had emphasised road
safety matters).
5. Concerns re the volume and frequency of horse traffic, rat run for riders, he feels
under siege due to the numerous representation made including Saline Environment
Group.
Alison then reviewed the details of the presentation made by the Saline riders at the
December FAF meeting to remind Forum members of their points.
Bill asked for comments and asked John as a participant on the site visit, for his
observations.
John summarised the finding of the sub-group.
He put the role of the FAF in context. The Forum can form a view on whether
responsible access rights apply but it is up to Fife Council to take any action or not
with this information. A note of the site visit findings is attached.
The route goes through open fields with cattle, and the Scottish Outdoor Access
Code states that horse riders should not go into fields with grazing horses or other
animals which could be dangerous. Cattle can be dangerous. This was the deciding
factor in the sub-groups view.
There is a distinction between access on foot and access on horseback through
cattle. Pedestrians could jump through the adjacent fence if the cattle were a
problem while this option is not available to horse riders.
Quarry operation, we had no evidence or data on numbers of vehicles and
movements.
The narrow farm access road and conflict between agricultural vehicle movements
and horse riders were felt to be significant.
Discussion:
Peter Lockhart pointed out that outdoor access is very important for all groups of
people, but the countryside is also a working area, and Health and Safety is an issue
to be considered. He felt that the issues of privacy and land values were not as
important in the overall decision.
Beryl referred to the Reporters recommendations and Alison read out the final
paragraph of the public inquiry report. The Reporter took a long term view, that the
paths have merit and should be revisited at a future review of the core paths plan.
Bill asked the Forum if they supported the sub-groups’ recommendation that it would
not be responsible for horse riders to take access on this path. This was unanimously
supported.
5. (a) Constitutional issues
Fife Council executive committee of 28th May 2013 approved the changes to Fife
Access Forum constitution.
Iain Matheson reported through Alison some further correspondence in relation to
the challenge to the validity to the Fife Access Forum constitution. At the end of
May he had re-confirmed Fife Council’s view that the constitution was valid and
no further changes, over and above the changes approved by the Forum in
September 2012, were required.
(b) Membership renewal 2013
Membership nominations were almost complete, with only the NFUS and
Scotways to come back with nominations. Scottish Wildlife Trust have put
forward Johanna Willi but a written confirmation of this is still to be received.
Community Council position. 4 nominations have been received by Fife Council
and papers were handed out.
John (supported by Ed) felt that more time was required to read the background
information, so agreed that the Forum would vote by e-mail to Alison by the 17th
June. When this position on the Forum is filled, then one other person has to be
nominated by the 3 community stakeholders to fill the 4th position to cover
community interest.
(c) Chair and Vice chairman position
Chic is prepared to do a further term as the Chair. Agreed that Chic Nash would
be Chair and Bill Campbell Vice-chair by a unanimous vote.
6.
Topic Working Groups-
(a) Communications Sub Group – Minutes of 16th May attached. Main topic of
discussion was the seminar.
Report from access seminar, Wednesday 5th June. The event attracted lower
numbers than usual, possibly because the subject matter of “Working together
Again” did not seem to apply to so many community councils. However, due to
the development of modern apprenticeships in Rural Skills, of which the core
path team is one aspect, the next two years will be a very good time to
encourage communities to fund-raise to get path and biodiversity projects taken
forward. They would still have to pay materials etc. but the young people’s time is
paid for. The feedback forms which were returned show that those who were
there got a lot out of the event. Craig will carry out a formal analysis of the
feedback for the next communication sub-group meeting. St, Brycedale seemed
to be a good venue in terms of the accommodation although there was concern
about disabled parking availability. On the day there was plenty space but that
may not always be the case.
CG
Other communications business – there have been some new enquiries about
talks to schools from Donald Murray. He confirmed that he would be willing to do
more talks to promote responsible access.
(b) Cycling Sub-Group
Update from Dave Frew. Cyclestart operating in a few places in Fife, supported
by Fife Council but run by voluntary groups and would like to see this grow.
Target groups are new cyclists or those who haven’t cycled for some years,
intended to give confidence and encouragement. Mixed success but hoping
there will be greater uptake. More information on Fife direct website.
Fife schools are increasingly using cycling in physical activity sessions. The
Halfords tour event in Kirkcaldy was a great success and encourages young
people to consider sports cycling, and the Council is encouraging this.
It was noted that the Fife Access Forum cycling sub-group no longer meets but
that the Forum is invited to be part of the new Fife Cycling Forum. As such the
cycling sub-group will be taken off the agenda. Transportation Service will attend
FAF meetings when there are issues to discuss, and will be notified when the
agenda is being drawn up for meetings.
Bill noted that the Talking Tandems group for the blind had been the first disabled
group to use the Chris Hoy velodrome in Glasgow.
Peter Lockhart is a member of the Fife Council Policy Advisory Group, and he
reported that cycling issues come up frequently on transportation matters. The
Forum through him would be able to feed into policy consultations.
( c) Dog sub Group
10th of July is the first meeting. Additional members are George Berwick,
Johanna Willi and two members from the Coast and Countryside Trust. Sarah
will report back to the next meeting.
7. ACCESS ENQUIRIES REPORT
7.1 Sarah reported that after a quiet start there is now a large number of reports
of over grown paths - indicates sun has been shining!
7.2 Bloomfield, At the end of March this year the Council legal team provided a
comprehensive summary of the position at Bloomfield. The Council’s aim had
been to prove that there was a public right of way and to ensure that the pubic
could use it without harassment by the owners. This has been achieved. The
interdict also prevents the owners from erecting gates or fences on the right of
way. There are gates at either end of the garden. These were checked on 10th
June and found to be fastened with two fastenings both of which were easy to
open. Elsewhere on this right of way there are other gates, one of which also has
two fastenings. It is felt that the right of way is now open to be used by the public
and the gates are able to be opened by all users. Fife Council will not be taking
SJ
any further breach of interdict proceedings in the current circumstances. Any
situations which may arise as a result of core path designation will be dealt with
by Perth and Kinross Council.
7.3 Consultation on diversion of core path 660. Graham & Adam at Halbeath,
Dunfermline have written to the Forum to consult on a possible diversion of the
core path. As a result of expansion plans they want to divert a core path around
their premises. The new route would be slightly longer, still with an industrial
ambience, and of comparable quality. Sarah has told them any new path must be
ready before old one is closed. The letter and map will be e-mailed to members
to respond by 1st July.
7.4 Alison AI-CP-001 August 2009, Crawford Priory Estate, 2 members of the
public in attendance. This path has been locked for several years preventing
access by horse riders. It is now part of the core paths plan but is still locked. The
owners of the Estate have agreed an off-road alternative, which will involve a
core path diversion. Alison and the Estate are working on this together. An action
plan and timeline is to be produced and circulated to the public who are
interested in the outcome of this consultation. The Forum will be consulted in due
course.
Liz Pullar asked about the surfacing of the alternative route. It will be field edge
off road, and will not be surfaced. It will be suitable for horses but not
pushchairs, disabled scooters.
George Berwick raised concerns about core paths going along public roads
particularly at Balmerino, Bottomcraig.
Dave Frew answered – review of public roads speeds has been completed but it
would be possible for Fife Council to be petitioned by FAF or others. There is a
quiet road concept, where a parallel main road is available then speed
restrictions can be put on quiet roads. Police prefer rural road speed zones to be
self enforcing.
8. CORE PATHS UPDATE
Core path team
A second team is due to start in a fortnight’s time. They have undertaken
minor path improvements such as clearing vegetation, drainage, installing
gates and steps and most importantly, sign-posting of the core paths. To date
100km of core paths have been walked by the team.
Priority for the next 6 month period will be high level paths or those which are
inaccessible at other times of year. There will be less cutting back of bushes
during the bird nesting season, although strimming of paths will also take
place. Paths which will help increase access to greenspace and countryside
in communities which have below average greenspace will also be targeted.
Major path projects
Lochgelly to Dundonald, core path 492. Work on phase 2 is now complete,
which means that there is a multi-use path from Commscope factory just east
of Lochgelly to Dundonald.
Lochgelly to Lochore Meadows, core path 513. This path project was
successful in gaining funding from the Commonwealth Games Legacy fund,
SJ/ All
AI
and work will start in the autumn to complete a surfaced multi-use path to link
between, in particular Lochgelly High School and Lochore Meadows Country
Park. The path will also link the two communities on other core paths in the
area.
John Stewart asked about the cost of multi-use paths. A 2m wide hardcore
surfaced path at Lochgelly to Lochore is costed at £65,000, working out at
roughly £55 per meter of new path.
Core paths, diversions and deletions.
In November 2012, Fife Council approved guidance and procedures to be
followed in Fife for this process.
To date one core path has been diverted, number 569 near Auchtertool.
There are a number of other paths which will also be moved over the next few
months to reflect changes to the paths on the ground.
Mapping
Over the last year there have been changes to Fife Council’s interactive
mapping on the website. This has allowed for a larger map to be shown on
the screen. In the next few weeks a system of showing path information
directly on the map will be introduced.
Website is www.fifedirect.org.uk/corepaths
James Adam asked for clarification of ploughing core paths in relation to
CP678. Sarah confirmed that it is permissible under the LRA to plough paths
up but they should be reinstated appropriate to the path type and
circumstances within 14 days of the ploughing taking place.
9.
NATIONAL ACCESS FORUM
Alison referred to the papers circulated. In particular there is a consultation paper on
commercial access to the outdoors – could be by mountain guides, mountain bike
hire; livery stables. In general the guidance suggests that the SOAC forms a good
basis for guiding responsible use. Local solutions will be best, with strong role for
local access officer.
E - mail comments to Alison by mid July so she can draw a response together. Bill All
asked about charging for access where facilities are provided e.g. car parking,
special surfaces. Clarified that charges can be made for facilities but not just for
access.
10. ANY OTHER BUSINESS
10.1 Donald – seminar workshop, scribe and facilitator were excellent. He had
made contact with Paul Cruise of Living Solutions who supported trainees with
autism. This is to be welcomed as Donald is involved with Fife Action on Autism.
10.2 Liz Pullar thanked the Forum for taking time to consider Kilernie. However,
she raised the question for all British Horse Society members riding where there
are cattle eg Lomond Hills Regional Park. There are livestock but riders access
the area. John pointed out that at Kilernie the area is mostly enclosed (the
SOAC document distinguishes between enclosed/unenclosed land and each
case has to be looked at individually.
Alison suggested that there is also a difference between access rights and bridle
rights of way. Often where there has been horse riding for a long time on a bridle
right of way the cattle are familiar with horses, young calves will have seen riders
all their lives. On more open ground riders can divert round cattle away from a
track. However, she confirmed that each case is different depending on custom
and practice, the numbers of riders and the attitude of the landowner.
John pointed out that young cattle are inquisitive and can charge horses or
people so some of the access decisions depend on the confidence of the horse
and the rider as well.
John asked how easy is it for landowners to know where bridleways are? It
would be useful for land managers to know this and their responsibilities
including issues of liability. Alison said that the Council records on bridle rights of
way were not necessarily complete, but that any land manager would be aware
of bridle routes on their land as they would see the evidence of use.
10.3 Patricia of Fife Rural Partnership- queried Community Council number of
members. It was confirmed that it was restricted by the constitution to one.
10.4 George asked about sign on Fife Coastal path saying “dogs on leads,
horses”. Ed did not know about the sign as it was not one of FCCTs.
10.5 There was a discussion about the expansion of some alien plant species
such as Giant Hogweed. Bill asked if the core path team could remove it,
especially around Levenmouth paths. Ed mentioned the Forth Invasive Species
Project of which FCCT are a part. This is providing free training on how to deal
with non-native invasive species.
10.6 West to East Wemyss path erosion. The coastal path in this area is now on
the beach as the expense and likely failure of any repair works on the coast line
out-weighed any benefit of having the path on the original route.
11. DATE OF NEXT MEETING
2013 meetings scheduled for Tuesday 3rd September 2013 at 6.30pm (Note first
Tuesday , not the second)
Tuesday 10th December 2013 at 6.30pm