Core Path Report for C212 Port Lamont to Ardtaraig, Loch Striven
1. Proposed Core Path
Page 1 of 37 2. Summary of Representations Received Representation Respondent Organisation/ Objection Respondents Respondent Objection Name Group Summery proposed Ref No. withdrawn action Objection Michael Strutt & Parker Irresponsible Delete P028 Laing on behalf of Access / Glenstriven Business / Estate Maintenance Support Nicholas Representative P069 Halls of Mountaineering Support Frieda Bos About Argyll P166 Walking Holidays Support Ben E068 Mitchell
3. History of Access i. Right of Way Status – ROW SA36 see Appendix IV ii. Recorded Access Issues: The ScotWays report notes that a succession of land owners have sought to deter public access or discourage use of the route. Previous owners of Glenstriven Estate have been unhappy that there is a sign at the southern end which encouraged use of the route which they considered dangerous.
4. Site Visit Photographs of the path and surroundings with comments
ScotWays sign on the B836 indicating Start of the path on to Ardtaraig Estate path to Glenstriven
The path turns to the left just before the barn with the green doors and does not Path descending to the Glentarsan Burn get any closer to Ardtaraig House.
Page 2 of 37 Better signs could reduce the likelihood of Route to the east of the buildings people walking past the house
Path past Boathouse Cottages note well Path to the south of the main house defined gardens following estate track
Gate and stile at entry to the woodlands View north along the path past the slipway for the Mussel Farm
Path deteriorates as it leaves the estate road just before a house called “Tigh Na Pheasant release pens beside the path Mara” and continues to be rough going for 3km
Page 3 of 37 The path deteriorates and at the time of Path sign and gate at the boundary of the the site visit at the end of a period of wet native woodland area weather was very wet in places
The path is visible on the ground but can Old gate in the dyke be rough going in many areas
The route often follows a terrace on the Fallen trees need to be cleared hillside which may be quite ancient
Several streams have to be forded The path climbs in some places giving occasional views of the loch
Page 4 of 37 The path can be indistinct in places, way The abandoned farmstead at Bot nan marking could assist users significantly Creagan adds interest to the route
Spectacular view towards the Kyles of View north along Loch Striven, used Bute from Bot nan Creagan during WWII to test Bouncing Bombs
Boundary with Glenstriven Estate Junction of the path with the estate track 500metres from the estate road
Track leading off to “The Point” an estate Note pheasant feeders beside the track cottage which is used to manage a very high density of Pheasants
Page 5 of 37 Estate track through Glenstriven Estate View of Invervegan house from the path
View of Burnfoot Cottage from the track Highfield Cottage a holiday cottage on the estate from the path 100metres away
View of Pier House a holiday cottage beside the path (See Appendix IV) Approach to Glenstriven Lodge
Glenstriven Lodge Junction between the estate road and the public road
Page 6 of 37 Section of this path on the public road looking north
5. Alternative Route/s The existing path occupies part of a narrow strip of land between Loch Striven and the high hills which rise to around 500 metres immediately to the east. Therefore there is no scope for the provision of an alternative route.
6. Consultation with Objectors & Other Interested Parties The finalised plan is sufficient without the inclusion of non core paths generally and specifically within Glen Striven Estate.
The inclusion of non core paths imposes liabilities and restrictions on the owners of the land which were not within the contemplation of the Act
In this instance our client has expended significant sums of money creating and improving path and tracks for estate management purposes.
As non core paths there is no guarantee that these paths are routes over which the public would be entitled to take access, that the routes currently exist or will be maintained or available for use by the public and accordingly the inclusion of such routes is likely to mislead and potentially endanger the public as well as having detrimental effects for our client.
During a discussion with the Head Keeper during the site visit raised a number of issues. These included disturbance of wildlife in the area, the use of the southern part of the track for feeding pheasants and other game birds and the presence of release pens close to the route. He also reported that at least one walker has become seriously lost whilst using the route and only found his way to the keeper’s house in the early hours of the morning.
7. Access Officer’s Initial Comments C212 is a claimed Right of Way and recorded by ScotWays as a Heritage Path known as “Old road along Loch Striven” and is described as a very old packhorse and possibly cart track that passes ruined settlements. See Appendix IV for more information on this Heritage Path. In the same appendix there is a copy from the pages of “25 Walks Arrochar, Cowal and Bute” which describes this walk.
One supporter of the route has pointed out that a bus service (482) runs between Port Lamont (the southern end of C212) and Dunoon. There is another bus service (477/478/479) on the B836 (the northern end of C212) that runs between Dunoon and Portavadie making the route accessible by public transport at both ends which is uncommon in Argyll & Bute.
A substantial part of the path is in a poor condition but it is of historical interest and offers good views over Loch Striven and the Kyles of Bute. The Royal Commission on the Ancient and Historical
Page 7 of 37 Monuments of Scotland includes information on a number of sites including abandoned settlements, farms and standing stones along this path on their website www.canmoremapping.rcahms.gov.uk. Loch Striven itself was used to test a version of the Barnes Wallis “bouncing bomb” during the Second World War. The path passes through an area of attractive semi natural woodland and despite being a difficult walk, many of those who have walked the path report having enjoyed it.
The path has a total length of fourteen kilometres. The northern section of four kilometres is on Ardtaraig Estate, then a further three and a half kilometres to the south is on Glenstriven Estate and the subject of an Objection. The remaining seven kilometres is on the public road between Glenstriven Estate and Port Lamont.
The first kilometre on Ardtaraig Estate is on well maintained estate tracks, apart from a poor surface on one of the steeper slopes. After passing the house called Tigh Na Mara the path is in a poor condition for three kilometres until it joins estate road on Glenstriven Estate. Only the last five hundred meters of this section of poor path is on Glenstriven Estate. It may be difficult to follow particularly in summer when bracken will obstruct the route and in many areas the path is rough and poorly drained. However in most places it is still apparent that there was once a track or a minor road linking some isolated farms or settlements along the route. In one or two locations it is still possible to see that the path was constructed with stone along one edge of the path and that there were once culverts in some areas although most of the streams are crossed at fords.
The bulk of the path on Glenstriven Estate follows the main estate track for just under 3 kilometres and is in excellent condition. This part of the estate is intensively used for pheasant rearing and there are numerous feeders along the path and there are release pens in the adjacent woodlands. Glenstriven estate derives a substantial part of its income from shooting and the main house is marketed to shooting parties. It is interesting to note that Ardtaraig Estate has not objected to the designation of this path although it is also managed for shooting and there are two release pens beside the path.
The following are responses to the objector’s case.
Sufficiency: The Access Officers are of the view that without the inclusion of this path the Core Path Network will be insufficient in this part of the Cowal. This is the only long low level path giving access to areas of semi-natural woodland in an extensive area of wild land. The Argyll & Bute Access Forum has a statutory role to advise the Council on access rights and the sufficiency of the Core Paths Plan.
Designating Core Paths: The Local Authority has a duty under Section 17 of the Land Reform (Scotland) Act 2003 to designate a network of Core Paths which may include any path whether or not it is a Public Right of Way. Since this is the first time that this Authority has produced a Core Paths Plan it would not be possible to designate paths that are already Core Paths since there are none. Any Objector to an element of the Core Paths Plan has a right to have their objection considered by a Reporter acting on behalf of the Scottish Ministers, it is anticipated that this objection will be considered in this manner.
Liability - The Land Reform Scotland Act does not extend the duty of care owed by the land manager/ land owner to another person exercising their access rights. The Scottish Outdoor Access Code and the Act also stress that the access taker is responsible for their own safety. The Land Reform Scotland Act “establishes statutory public rights of access to land for recreational purposes” and imposes some duties and responsibilities on land owners and managers.
Page 8 of 37 Creation of new tracks and paths; The majority of the land on this estate will fall within Access Rights under the Land Reform Scotland Act. By creating new tracks and paths the land owner is simply making it easier for people to explore the area and exercise their access rights than would be the case in the absence of the paths.
Access Rights; One reason that this path is being proposed as a Core Path is that it is considered to be a Public Right of Way by the Scottish Rights of Way Society. Neither a Core Path nor for that matter a Public Right of Way has to pass exclusively through areas where access rights can be exercised. The majority of the route in my opinion passes through areas where there are public rights of access. Only two properties are so close to the proposed Core Path that I would consider it as having a significant impact upon the privacy of the occupants.
Privacy
The Point; This cottage at right is located over 50 metres off the path and at such a distance the impact on privacy is considered reasonable.
Invervegan House at left, although a much larger property it is over 60 metres off the path and is only visible from a distance because it is located on a rise several metres above the path. Again the impact of the path on the privacy of the occupants is not unreasonable.
Burnfoot Cottage – This is only four or five metres off the path but is well screened by the trees and shrubs around it. The character of this cottage is such that it is close to an existing track serving a large estate and the path is unlikely to significantly disturb the enjoyment of the house.
Page 9 of 37 Pier Cottage; at left, this house is immediately beside and below the path which serves the estate and at least four other houses beyond it. The house is currently used as a holiday let, see appendix IV. Although close to the track anyone passing the house will only be visible for a minute or two as they pass. The main views from the house are of the loch on the opposite side of the property. Although there is likely to be a small reduction in the privacy enjoyed by this property it not considered to be significant. It should be remembered that a Core Path can be designated in an area where access rights do not apply.
Glenstriven Lodge; This is a lodge house beside the path and is designed to overlook the entrance to the estate. As a consequence this is the house which will be most disturbed by people using the path. The estate road at this point serves
Damage to the Track – It is unlikely that walkers or cyclists would cause significant damage to the track in comparison with cars and agricultural vehicles. Equestrian users could cause some damage however this is likely to be less than the existing vehicular use. In this case the path may be used along its whole length by walkers; however cyclists and horse riders would be restricted to those sections on the public road or estate track by the poor condition of the path.
Impact on Land Management; The designation of the Core Path should make it easier for the estate to inform the public about land management operations including shooting i.e. by erecting signs at the lodge house. This is because it will be much clearer where most members of the public are likely to enter and leave an area. The Access Authority has already produced signs that are used by land managers elsewhere to direct the public when shooting is happening.
Access Issues; There has been at least one instance where a member of the public reported being deterred from using the proposed Core Path . The path has been considered a Public Right of Way by the Scottish Rights of Way Society since 1948 when the then land owner gave permission for the erection of direction signs, one of which has since disappeared.
Summary; In summary there would appear to have been an ongoing issue with a succession of the owners of Glenstriven Estate , which is advertised for sale at present (December 2011) trying to deter or block public access along this path. Although the path is not in a good condition for a significant portion of its length, if this path is not designated and the additional powers that this will give the Access Authority to monitor the path and ensure that it remains available to the public it may be lost. It may also be increasingly difficult for the Access Authority to assert and protect public rights of access without resorting to expensive and risky legal action.
The path is already promoted in at least one guidebook, on one website and is sign posted at one end.
Page 10 of 37 Designating this path as a Core Path will enable the Council, the local community or the land owner to begin to improve this route. Even a simple action such as installing way markers along the poorest sections of the path will make it less likely that the user will get lost. Additional work such as removing fallen branches could be undertaken by volunteers and repairs to the drainage would soon make following this path much easier. The intention would not be to make a major improvement to this path because of its setting and historical interest.
Therefore I am recommending that this path is included in the Core Paths Plan to ensure that it continues to be available for walkers and to ensure that a sufficient network of Core Paths is provided in this area of the Cowal Peninsula.
Page 11 of 37 8. Advice received from the Access Forum Argyll and Bute Council Core Path Plan Finalised Draft 2012 Minute of Discussions by the Access Forum Path Number: C212 Path Name: Port Lamont to Ardtaraig, Loch Striven Forum Members Present x John Urquhart (Chair) x John Little x Niall McAlister Hall (Vice Chair) x Duncan McDonald x Fiona Russell x Stuart Shaw Declarations of Interest x None Members Familiar with the Location x None Discussions x Part of the route forms a claimed right of way and is recorded as a Heritage Path x Access Issues x Privacy x Condition of the path x Management of the estates sporting interests, Ardtarig to the north has pheasant release pens adjacent to the path and has not expressed concern whilst Glenstriven Estate has lodged an objection x Level of use x Path passes through two estates – are they both aware of proposal?
Access Forum Advice to Argyll and Bute Council Support Officer’s Recommendation (in Section 7) Object to Officer’s Recommendation (in Section 7) Mixed opinion amongst Access Forum members (record all views below)
Majority View Unanimous support that this become a core path with the following caveats: x Council can confirm Ardtaraig estate are aware of proposal x The privacy of Glenstriven Lodge needs to be considered. The original Right Of Way follows a different route passed Glenstriven Lodge and there may be a requirement for the Core Path to follow that route rather than the route currently shown. This amendment will require funding to be identified as the original route is in poor condition and overgrown. x The Council will develop signage to help manage access and estates sporting interests.
Minority View
Page 12 of 37 9. Access Officer’s Final Recommendations It is recommended that this path continues to be proposed as a Core Path because of it is a popular route which has a long history of public use and is recognised as a Public Right of Way. The route identified is the most practical since the former route along the shore has fallen into disrepair.
Page 13 of 37 10. Appendices
Appendix I. Copies of the representations received during the formal consultation
Page 14 of 37 Page 15 of 37 Page 16 of 37 Page 17 of 37 Page 18 of 37 Page 19 of 37 Paragraph 11.5.11 from 2010 Core Paths Plan Finalised Draft document
x 11.5.11
Core Path No. C212 - Port Lamont To Ardtariag, Loch Striven
x Path length in meters - 14703 x Surface Types - Sealed, unbound aggregate, trod earth x Gradient - Steep x Sign Posts - Yes x Bridges - No x Gates less than 1.2 meters - None x Kissing Gates - None x Stiles - None x Other Information - Gates>1.2m x Potential obstacles and notes - Sections on public road
Appendix II. Copies of relevant correspondence None
Page 20 of 37 Appendix III. Copies of responses additional consultations
From: [email protected] [mailto:[email protected]] Sent: 02 July 2012 17:06 To: Garner, David Subject: Re: Core path objection report comments
I am now away on holiday.
Please record that SCCC supports the Loch Striven path proposal.
Page 21 of 37 Argyll and Bute Council Core Paths Plan Finalised Draft 2012 Objection Report Representation
Path or Launch Point No. & Name: C212 Port Lamont to Ardtaraig, Loch Striven
Comment Only (In A Number Of Cases The Access Officers Have Not Made A Recommendation; Please Use This Option To Make Your Views Known)
Comment: This is a great walk and not to difficult. This allowing many people to enjoy a great walk along he shore of Loch Striven. This is a great walk and should be developed and used as a sales aid fot the district of Dunoon and Argyll n Bute
Your name: Walt Foster
Serial No. 52
Email address: [email protected]
Address & Phone:
Argyll and Bute Council Core Paths Plan Finalised Draft 2012 Objection Report Representation
Path or Launch Point No. & Name: C212 Port Lamont to Ardtaraig, Loch StrivenA.pdf
Support Officer's Recommendation
Comment: This path is one of the few historical rights of way in Cowal. It is the only means of access between the two elements of Loch Striven without a lengthy detour. Once lost this route will be lost for ever. It has potential for tourism and will form part of the proposed East Cowal Way. Just because it is inconveniant for the pheasant shooters is not sufficient reason to close the route. Estate houses can easily be by passed. Just because parts of the path have been lost or re-routed is not reason to lose the route for the public. Effective signage and good liaison should allow pheasants and walkers to co- exist. Andrew Armstrong
Your name: Andrew Armstrong
Serial No. 56
Email address: [email protected]
Address & Phone: 4 Ash Gardens Kirn Dunoon PA23 8DH Tel 01369 704617
Page 22 of 37 Argyll and Bute Council Core Paths Plan Finalised Draft 2012 Objection Report Representation
Path or Launch Point No. & Name: C212 Port Lamont to Ardtaraig, Loch StrivenA.pdf
Support Officer's Recommendation
Comment: I have walked this area as a linear route. Although there is a public right of way, it was noted that signage was limited and the footpath not always clear, inspite of it being shown on OS maps - as if not encouraging access. Viewing the wonderful flora and fauna in this area should be encouraged, with information and guidance for people to understand and respect this part of the world, particularly those in the local community.
Your name: Moira Ferguson
Serial No. 61
Email address:
Address & Phone: Aldersyde, Shore Road, Kilmun, Dunoon. Argyll. Pa23 8se
Tel: 07711 039 528
Argyll and Bute Council Core Paths Plan Finalised Draft 2012 Objection Report Representation
Path or Launch Point No. & Name: C212 Port Lamont to Ardtaraig, Loch StrivenA.pdf
Support Officer's Recommendation
Comment: A good core path linking the top and bottom of Loch Striven
Your name: Jean Maskell
Serial No. 63
Email address: [email protected]
Address & Phone: Dalinlongart Farmhouse, Sandbank Dunoon Pa23 8qs 01369 704955
Page 23 of 37 Argyll and Bute Council Core Paths Plan Finalised Draft 2012 Objection Report Representation
Path or Launch Point No. & Name: C212 Port Lamont to Ardtaraig, Loch StrivenA.pdf
Support Officer's Recommendation
Comment: I have been with a group who recently walked this path. I understand it to be an ancient pack-horse route and of considerable historical interest. It is also a place showing some beautiful flora and fauna. The Cowal area is limited in the number of relatively flat walks it can offer. This is one and, as I understand, has been a Scottish right of way for over sixty years. As such it is a shame that there is, in places, poor or no signage. This does not encourage walkers to keep to a designated route, particularly when some areas are in poor condition.A rare benefit of this right of way is to have public transport available at either end of the route.
Your name: Moira Ferguson
Serial No. 87
Email address: [email protected]
Address & Phone: Aldersyde, Shore Rd. Kilmun, Argyll. Pa23 8se Tel: 07711 039 528
Argyll and Bute Council Core Paths Plan Finalised Draft 2012 Objection Report Representation
Path or Launch Point No. & Name: C212 Port Lamont to Ardtaraig, Loch StrivenA.pdf
Support Officer's Recommendation
Comment: This is a critical path - the only path up the east of Loch Striven. we are hoping to itroduce an East Cowal Coastal Path from Arrochar to Ardtariag. This would be the final and most remote section. The East Cowal Paths group had a walk here in May which was one of the most popular walks we have initiated. We totally support the comments of the Access officer. The path does not enter the curtildge of any property. It does not interfere with any forestry workings. It does not disturb game or interefere with breeding birds.
Your name: East Cowal Paths Group - Dinah Mcdonald
Serial No. 115
Email address: [email protected]
Address & Phone: 6 Deer Park, Glen Massan, Dunoon Pa23 8ra 01369 706591
Page 24 of 37 From: Bill Carlow [mailto:[email protected]] Sent: 23 January 2013 09:34 To: Grierson, Douglas; [email protected]; [email protected]; [email protected]; [email protected] Subject: Re: core path report
Dear Douglas, Thank you for your consideration in drawing C212 Core Path to the attention of the Trustees of Ardtaraig Estate, and for the considerable work you have done in drawing up the proposal. This Footpath has been the access for the Northern inhabitants of Loch Striven to their Parish Church at Inverchaolin since records began. The Estate views its inclusion as a Core Path as a positive step in formalising its route and as such is in favour of its inclusion. Kind regards, Bill Carlow
----- Original Message ----- From: Grierson, Douglas To: '[email protected]' ; '[email protected]' ; '[email protected]' ; '[email protected]' ; '[email protected]' Sent: Friday, January 18, 2013 3:07 PM Subject: core path report
Dear Trustees of Ardtaraig Estate,
I have been asked by members of the Argyll and Bute Local Access Forum (LAF)to check that you are aware of the proposed Core Path Report C212 Port Lamont to Ardtaraig, Loch Striven and its associated report.
I previously contacted you, at the request of Mr Carlow with regards to the report for Aspirational Path A020 and its proposed amendment, however as no comment was received from Ardtaraig Estate regarding the proposed core path C212 the LAF wished it confirmed the Estate were aware of this proposal.
If you wish to respond to this email I would be grateful if you could please do so before the 4th of February 2013.
Yours sincerely,
Douglas Grierson
Page 25 of 37 Appendix IV. Additional supporting documents Copy of the Scottish Rights of Way and Access Society’s Catalogue of Public Rights of Way entry regarding this path
Page 26 of 37 Page 27 of 37 Email correspondence from Scotways
From: Eleisha Fahy [mailto:[email protected]] Sent: 08 August 2012 15:34 To: Grierson, Douglas Subject: RE: Claimed Right of Way SA36 at Glenstriven
Hello Douglas,
Sorry to take so long to investigate this enquiry. However, i’ve now managed to discuss the route with both Neil Ramsay (Heritage Paths) and our former field officer Alistair Lawson, along with consulting the records we have for our Scottish Hill Tracks books, so I’m hoping I can be helpful even after such a delay.
We agree with you that your dashed black line is the correct line of right of way SA36. Our recorded line (in orange) is likely be a red herring in this case as we know this line to be poorly mapped even at 1:50,000. We had, for a number of years, a signpost pointing along the shore route, but this has been reported as missing. Proving a deviation of the route may prove difficult – it would involve distributing questionnaires and the evidence received would have to show that this alternative route had been used for 20 years. If the shore line route hasn’t fallen out of use completely, then we’d be looking at two rights of way!
I agree that the practical route at present appears to be past the Lodge House, but unfortunately we don’t currently appear to have evidence of its use as of right. Is there anything that can be done to improve the shore route?
Let me know if you need me to see if I can dig out anything further on this. I’m out of the office now until next week, but I’d also be happy to discuss it, if you’d like to call.
Kind regards, Eleisha
Eleisha Fahy Access Enquiries Scottish Rights of Way and Access Society (ScotWays) 24 Annandale Street, Edinburgh EH7 4AN tel/fax: 0131 558 1222 web: www.scotways.com follow us on Twitter: @ScotWays find us on Facebook: www.facebook.com/scotways
------Forwarded message ------From: Grierson, Douglas
Hello,
We have received a complaint about a sign that has been erected on a gate at the Lodge House into Glenstriven Estate, photograph attached. The gate is near the finishing point of SA36, however from looking at historical maps and the route description we do not believe that SA36 actually passes through the gate.
I have attached a map that shows the route that I believe to be the original right of way at this location. The map also shows the CROW shape file for this route as well as the route we are proposing as core paths C212(a) and C212(b). As can be seen from the map there is some discrepancy between these routes.
The reason we proposed C212 (a+b) as shown on the map is because the route that I believe to be the old line of the right of way (dashed black on map) is severely waterlogged, is overgrown with rhododendron and has fallen trees across it making it impassable, and I understand that it has been in this condition for a number of years. Our feeling is that the practical route for people to take would be along the road, through the gate with
Page 28 of 37 the sign and past the Lodge House, and as such there is a good chance that the line of the right of way has deviated from its original line to reflect this.
I would be grateful for any assistance as to whether I am correct in assuming that the dashed black line is the correct line of the old right of way and if so how we would go about proving whether or not this line has deviated over the years due to the original route being impassable.
An objection against this core path was lodged during the formal consultation so the matter will be dealt with at PLI but I would like to get as much info on the line of the right of way as I can.
Many thanks in advance,
Douglas
Map attached to above email
Copies of Correspondence with ScotWays regarding an Access Issue on this Path
Page 29 of 37 Page 30 of 37 Page 31 of 37 Page 32 of 37 Page 33 of 37 Page 34 of 37 Extract from the Scottish Rights of Way Society – Heritage Paths Website
http://www.heritagepaths.co.uk/pathdetails.php?path=132
Page 35 of 37 Copy of Web Page advertising Pier Cottage one of two holiday homes on Glenstriven Estate http://www.holidayhomerental.co.uk/Listings/Scotland/Strathclyde/Argyll_and_Bute/Toward/493fe501fbe44aa 9870904850f4a770d.htm
NB Walking and Horse riding are amongst the activities recommended for guests
Page 36 of 37 Extract from “25 Walks Arrochar, Cowal and Bute” Alan Forbes 1997
Page 37 of 37