“It is the duty of every owner of land in respect of which access rights are exercisable – (a) to use and manage the land; and (b) otherwise to conduct the ownership of it, in a way which, as respects those rights, is responsible.”

– Section 3, Land Reform (Scotland) Act 2003

In light of the long-standing access issues reported at Glen Lyon’s North Chesthill Estate, it is the view of ScotWays that this particular landowner has not been meeting their duty under the 2003 Act. Accordingly, ScotWays has been pleased to support Ramblers Scotland‘s current petition which highlights the problems experienced here in order to seek their resolution. 

NatureScot recently commented as follows: 

“We have been in contact with North Chesthill Estate about concerns raised by the public and Ramblers Scotland about restrictive signage and its impact on public access. The estate doesn’t always appear to be compliant with Scotland’s access rights and the associated landowner duties, and we strongly urge the estate to reconsider its approach, working closely with its local access authority, Perth and Kinross Council.”  

Of course, access users too have responsibilities. As regards deer stalking on the open hill, the advice is to minimise disturbance by planning ahead by using the Heading for the Scottish Hills service. Having prepared appropriately, if you do decide to visit this area, it would assist Perth & Kinross Council (outdooraccess@pkc.gov.uk) in relation to their own duties under the 2003 Act, if you could provide feedback, in particular: 

• Were you able to park? If you parked at the car park, was it busy and were you able to pay? 
• Were there any deterrent signs or locked gates on the recognised route? If so, please provide photos with locations (grid refs or what3words). Of especial interest are signs with Scottish Outdoor Access Code (SOAC) branding or phrasing such as “No walking, we are stalking”. 
• Did you see any deer on the hill? If you did, did they run? 
• Did you encounter estate workers or deer stalkers, either at the start of the walk or on the hill? If you did, was clear public access advice provided?  
• If deer stalkers were not encountered, did you see/hear other indications of stalking activity, such as on-the-day signage, vehicles, or shots fired? 

Photo by Neil Birch