A charity that aims to protect the right to roam is fighting a wealthy landowner’s attempts to permanently cut off access to a path on a West Highland estate.
Ramblers Scotland and Highland Council are involved in a landmark court battle that centres on around 75 yards of a trail on the Ardnamurchan Estate.
The case follows complaints about locked gates at the estate in recent years.
In 2019, two ramblers were reported for aggravated trespass while walking on the trail, which is near their home.
After being interviewed and a report sent to the procurator fiscal, no further action was taken against the walkers but Ramblers Scotland branded the case “unprecedented and worrying”.
The ramblers organisation and the council say the path, which runs from Glenborradale to Acharacle, is of “great value to the local community” and a strategic long-distance trail, offering stunning views of Loch Sunart.
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A sheriff court last week granted Ramblers Scotland permission to join Highland Council in opposing a bid by Woodland Renewables to use Section 28 of the Land Reform (Scotland) Act 2003 to remove access rights from the affected part of the Ardnamurchan Estate.
As well as opposing the application, Highland Council intends to prove a path that crosses the affected area of the estate is a Right of Way.
Ramblers Scotland says the route has been used by generations of walkers before the area was more recently developed as a wood yard on the understanding that access rights would be maintained.
Brendan Paddy, director of Ramblers Scotland, said: “We always view legal action as a last resort. In fact, we haven’t entered an access case of this type in well over a decade, particularly as legal action can be so costly.
“However, this is a landmark legal case featuring a historic and important path. If we do not fight to save the route, it will be a significant blow to our hard-won access rights and walkers will be banned from parts of this beautiful trail forever.”
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However, Donald Houston, a director of the company that owns the estate says they have the support of locals.
"The farmyard goes back to the 1940s and it's always been closed off," he said.
"We are only shutting off about 75 yards of the path. There are four alternative routes round it.
"We are a working, hill livestock farm. We are very supportive of people who want to go up the hill and we exclude about 0.1% of the whole farm."
The Ramblers Association is facing legal costs of up to £82,000 and has launched a Crowdfunder to fund the case which will sit again on February 2.
A spokesman for Highland Council said: “The council is opposing the application made under Section 28 of the Land Reform (Scotland) Act2003.
“It is the council’s intention to raise a separate action to have a route through the site that is subject to the Section28 application declared a Public Right of Way.”
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