Scotland's oldest national park has won a landmark legal battle against an estate which has been restricting the public's right to roam.
Loch Lomond & Trossachs National Park Authority has welcomed the Sheriff Appeal Court's decision to uphold its appeal upholding public access rights at Drumlean Estate, near Aberfoyle.
The case was over three locked gates and a ‘Danger Wild Boar’ sign erected by the estate. According to Companies House, Drumlean Estates Ltd is owned by Reiner Johannes Ernst Brach, 77, an engineer from Germany.
Judges at the Sheriff Appeal Court have found in favour of the park authority’s argument that the estate was blocking members of the public from enjoying rights of 'responsible access' granted by the the Scottish Parliament's land reform legislation. As a result, the owners will now need to take steps to comply with an enforcement notice originally issued by the park authority in 2013.
Gordon Watson, Chief Executive of Loch Lomond & The Trossachs National Park, said: “The National Park Authority has a duty to uphold the right to responsible access granted to the public by the Land Reform (Scotland) Act 2003 so we are delighted with this decision.
“We took legal action against Renyana Stahl Anstalt (FL-9490 Vaduz, Austrasse 52, Principality of Liechtenstein) in 2013 following complaints from members of the public that access to an area between Ben Venue and Loch Ard was being blocked by locked high gates and prohibitive signage and after repeated attempts by us to resolve the issue with the owners directly."
He said the initial judgement at Stirling Sheriff Court in 2015 found against the park authority. An appeal was immediately lodged at the Sheriff Appeal Court because if the original ruling had been allowed to stand, it would have undermined the legislation and set an unhelpful legal precedent for access rights in Scotland, he said.
Mr Watson said the vast majority of landowners within the national park, from those of small land holdings to large estates, respected the provisions and responsibilities that come with the land reform act and worked positively with the park.
“It has been a long road to get to this point but we are delighted with this decision for the clarification it provides to other access authorities but most importantly for the public who can continue to enjoy their access rights within this area of the national park,” he said.
Nobody was available to comment at the estate.
Drumlean was in the news four years ago when local residents were alarmed that wild boar had escaped. One eventually was shot.
Brendan Paddy, director of Ramblers Scotland, said: “This excellent ruling ensures walkers, cyclists and others can make the most of the countryside around Ben Venue and Loch Ard – including the beautiful Drumlean Estate.
“We welcome the national park’s efforts to secure this result, which serves as an important reminder that landowners using locked gates, high fences and prohibitive signs to block responsible access should be a thing of the past.
“We believe it is vital that authorities always challenge attempts to block walkers, campers or other recreational users – so that everyone can enjoy the health and social benefits of Scotland’s wonderful outdoors.”
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