Snowie v Stirling Council, Court Ref:B186/06
Appeal to the Stirling Sheriff Court against Section 14 Notice by Stirling Council.
The Boquhan Estate, near the Kippen roundabout (west of Stirling) has locked all the gates to the Estate (two pedestrian and one vehicular). Stirling Council received complaints in 2005 from people who said that they had previously been able to walk within the grounds of the Estate. Council officers visited the site and decided that the land appeared to be land available for access rights under the Land Reform (Scotland) Act 2003.
The Council approached the Estate owners and asked them to open one of the gates. In August 2005 one gate was open, but further complaints were received in September and it was found that the gate was locked again. There was a further site visit, involving the landowners, and the Council concluded that the land could be classified as access land under the 2003 Act.
As the landowners still failed to unlock the gates, a Notice was served under section 14 of the Land Reform (Scotland) Act 2003. This Notice indicates that the landowner is required to unlock a gate across the driveway to Boquhan House.
The landowner has now appealed against this Notice to the Stirling Sheriff Court. There will be an initial Court hearing at 10a.m. on Tuesday 18th April 2006. The process was advertised in the Stirling Observer on Friday 31 March 2006. The Council will be defending the action.
UPDATE: The case has now been set down for hearing on 20 and 21 September.