Latest news stories from ScotWays.

Cairnbank Road, Penicuik – case appealed

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We reported on 10 September that the Sherrif Court had ruled in favour of the access dispute at Cairnbank Road, Penicuik, but that there was a chance that the owners may appeal that decision.

We have just heard that on 22 October the landowners did lodge an appeal with the Sheriff Appeal Court against the Sheriff’s judgement of 6 September and that Midlothian Council intends to defend it. Until the appeal process has been finalised, the Council is unable to take steps to have the obstruction removed.


New Law Guide Launched

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Our last guide to the law of access in Scotland was published in 2006 taking into account the coming into operation of the 'new' Land Reform (Scotland) Act 2003.


Fifteen years later and our guide has been fully revised by Malcolm Combe, a Senior Lecturer in Law at the University of Aberdeen.   The new style 188-page guide, The ScotWays Guide to the Law of Access to Land in Scotland, still covers all the historic rights of way law but comes right up to date incorporating all the recent legal cases and their implications.


The book will be of particular value to access professionals and advisers but is also suitable for general readers who are broadly interested in the subject or are seeking an answer to a specific point.


You can order your own copy for £20 plus post and packaging from our webshop

Scotways AGM - 17th November 2018

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This year's ScotWays AGM will be held at the Dewars Centre, Glover Street, Perth PH2 0TH on Saturday 17th November at 1.30pm.

For more information on the Dewars Centre location, please view details here.

The centre is a short walk from Perth railway station, and has plenty of parking.

Lunch will be available at 12 noon, for those who have booked. If you are wanting to attend and have lunch, we will need to know via the ScotWays office no later than Thursday 8th November.

For those not joining us for lunch, tea and coffee will be available before the AGM starts at 1.30pm.

We look forward to welcoming you on the day!

A copy of last year's draft AGM minutes are available to download.

A copy of this year's Final Accounts to 30 June 2018 are available to download.



Sheriff Court Success at Cairnbank Road Penicuik

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Midlothian Council is to be congratulated after they won an action to uphold the public right of responsible access along Cairnbank Road into Penicuik Estate, Penicuik.
The owners, Stewart and Gemma Manson of Cairnbank Road, blocked the route with an impregnable barrier, inappropriate signs and refused to take them down.  The Council issued a notice under Section 14 of the Land Reform (Scotland) Act 2003 to have the blockages removed, but the owners appealed the notice and the case was heard at Edinburgh Sheriff Court.
Evidence heard by the court showed that the blocked path had been used by the public for many years and after due consideration of all the evidence presented, the Sheriff ruled in favour of Midlothian Council.
You can read the full judgment on the Scottish Courts websiteMalcolm Combe, author of our new Guide to the Law of Access to Land in Scotland, has also blogged about the case.
At the time of writing, the path has not been re-opened and the Mansons may appeal the decision.  We will keep you up to date with developments.

Blockage on Right of Way near Gladhouse Reservoir

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We are aware that the ancient route from Maudslie, near Gladhouse to the B7007 (The Granites) road in Borders, has been recently blocked.


The blockage at NT 316 524 is by a deer fence, and at NT 314 525 by a padlocked deer gate.


It is possible to avoid these blockages by using a stock gate at approx NT 313523, in the short term. It may be quite boggy and wet between the deer gate and the stock gate, it has been delightfully dry this summer, so it is difficult to assess, but the vegetation is rushes, so that probably means bog!


Midlothian Council is taking steps to maintain the integrity of this route, but this will take time. If you wish to comment, having used the route, please contact the access officer in Midlothian land&This email address is being protected from spambots. You need JavaScript enabled to view it.  and copy ScotWays into your email (This email address is being protected from spambots. You need JavaScript enabled to view it.)

Work starts on the Carnoch Bridge, Knoydart

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We’ve just heard that the materials for the replacement bridge have been ordered and it is under construction in a yard in Fort William, from where it will be transported to Mallaig. Meantime, the estate has been taking advantage of the good weather and low water levels to reinforce the piers. 

The plan is for it to be in by winter – hopefully, October, but November at the latest.  However, the timescales for transporting the bridge up the loch and installing it are dependent upon having a good weather window.

Our thanks to all who have contributed.

Click here to view previous article on the bridge.

UPDATE: - Thanks to Mountaineering Scotland for an update on this story (28/8/2018).  The Estate has now said the new bridge will be ready late spring/early summer 2019.  We will keep you updated as we get more news.