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Perhaps You'd Also Like to Point out to Them That According to Highland

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Perhaps You'd Also Like to Point out to Them That According to Highland From: Richard Greene - Member To: Graham Mackenzie - CS; Stewart Fraser Subject: FW: Letter from Highland Council Date: 15 May 2016 18:17:13 Gentlemen, For your information. I have not responded to the last two e mails as Graham you are best placed to defend the advice given on positioning of the sign. Regards Richard Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh From: Sent: 15 May 2016 17:53 To: Richard Greene - Member Subject: Re: Letter from Highland Council Perhaps you'd also like to point out to them that according to Highland Council website the public road ends at NG74038713which is the turning circle at Melvaig, so the existing sign is not on the Highland Council verge. On 15/05/2016 17:40, Richard Greene - Member wrote: Thanks for your reply I note HC officers are included in the e mail, and will defer to them for any response on the points raised. Regards Richard Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh From: Sent: 15 May 2016 17:35 To: Richard Greene - Member; Graham Mackenzie - CS Cc: [email protected]; Stewart Fraser Subject: Re: Letter from Highland Council Richard, A sign has been there for years. The previous owners erected a sign and there is photographic evidence from ten and more years back that there has been a sign in that position. No-one from Highland Council has contacted me - as I said in my email, I wrote to Graham Mackenzie on April 21st to ask for From: To: Richard Greene - Member; Graham Mackenzie - CS Cc: [email protected]; Stewart Fraser Subject: Re: Letter from Highland Council Date: 15 May 2016 17:50:45 Attachments: fkfogebiaidomhbe.png Further to my previous message, it is easy to find photos on the internet showing that signage has been in place for years. For example, screenshot from youtube on 3rd June 2011 showing the sign erected by the previous owners. On 15/05/2016 16:56, Richard Greene - Member wrote: Good Afternoon To be clear, my verbal advice to the Gairloch Community Council last Monday night was that I was advised the sign, was positioned on The Highland Council verge without permission. The sign would have to be removed by those who erected it, or it would be removed by HC operatives and any cost incurred charged to the owner of the sign. that regard. Regards Richard Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh From: Richard Greene - Member To: Stewart Fraser; Graham Mackenzie - CS; William Gilfillan Subject: RE: Trespassers Date: 25 April 2016 13:14:40 Stewart, Graham and William Much appreciated. My problem has been the various forms of pressure over the past six weeks and was beginning to weigh heavy. Much of it I have to say generated within social media! I was being probably ultra careful to the point of appearing not to be interested, indeed the very opposite is the case. If I begin every sentence with the words "As I understand it" that then does not implicate anyone or any body? I believe that is correct! I understand answers 1-9 are in "general terms" In Independent Room at HQ for the next hour or so if you wish to discuss further. Thank you, Richard. -----Original Message----- From: Stewart Fraser Sent: 25 April 2016 12:01 To: Richard Greene - Member; Graham Mackenzie - CS; William Gilfillan Subject: RE: Trespassers Thanks I think we need to try to be clear about our locus or rather lack of locus in this issue- easy for me to say I appreciate. We are not the arbiters and cannot make 'public pronouncements' to any effect as might be suggested on Facebook or elsewhere. The Council is the Roads Authority in terms of the 1984 Act and as such has a number of statutory duties placed upon it. In terms of the 1984 Act there are two types of road in Scotland - public roads which are the responsibility of the Roads Authority and private roads which are not the responsibility of the Authority. The road serving Rua Reidh is not on the adopted list of roads therefore is not a public road and accordingly - in the view of the Roads Authority- is a private road. Individuals are at liberty to take issue with and disagree with that assessment - ultimately the Roads Authority have expressed a view but the opinion of the Authority on the status of the route serving the lighthouse is not definitive or binding. Given we believe the road is a private road we essentially have no or very limited locus and this is then an issue between those who assert a right to use the road and those who do not. Turning to letter to Graham I would offer the following thoughts:- The first point I would make is that a number of these issues are ones which require independent legal advice and can only be answered by the Council in general terms. 1. The public right of passage will extend over the length of the private road. 2. The public right of passage extends over the private road. There is no requirement for it to connect two public places - this is one condition for the establishment of a public right of way. 3. The public right of passage will extend over the private road. A private road would not normally extend to side tracks and accesses. 4. The public has a right to pass along the private road by virtue of the right of passage. The Council cannot offer a view on the use of passing places, parking areas and private land. 5. This is an issue upon which independent legal advice would be required. 6. The Council has undertaken an assessment and determined that no work was required. 7. The Council has no responsibility and accordingly liability for private roads. 8. The Council has no responsibility to erect signage for a private road. The Council is not required to delineate the commencement and termination of the public road through the erection of signage. 9. Graham - not sure what you would want to say about the cycle of inspections in response to point 9. Hopefully this is helpful Stewart -----Original Message----- From: Richard Greene - Member Sent: 24 April 2016 11:35 To: Graham Mackenzie - CS; Stewart Fraser; William Gilfillan Subject: FW: Trespassers Graham and Stewart and William This is all getting quite serious with the interpretations being put on the advice given. I am forwarding two further e mails I have received today, I really feel my answer to them all is to stop now and get the main players together for a meeting otherwise I believe this could get really nasty. Seems to me the Law is too vague on all of this, and misconception abounds as a result. I am wary of saying anything though in case it sparks legal action, but also my lack of input then appears as if I am not concerned! I am heavily committed to meetings all next week and can do without all this additional hassle. Stewart, is there a form of words which clearly removes us from assumed inclusion? Regards Richard Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh -----Original Message----- From: Sent: 24 April 2016 09:58 To: Graham Mackenzie - CS; Richard Greene - Member Subject: Trespassers Dear Mr Mackenzie, Following your 'announcement' to Gairloch Community Council that the lighthouse road is a 'public right of passage' (allegedly) I thought you would like to know about two incidents yesterday. Various individuals have posted your letter on social media and urged people to drive out to the lighthouse, I hope you will understand why I need a very prompt response to my letter of April 21st (which I have attached again for Richard's benefit as I am copying him in to this email) clarifying exactly where the 'public right of passage' starts and ends (if indeed it actually exists). I trust that you will give this your urgent attention first thing on Monday morning. Regards From: Richard Greene - Member To: Stewart Fraser; Graham Mackenzie - CS; William Gilfillan Subject: FW: Rubha Reidh Road Date: 24 April 2016 11:42:14 Yet another! Am I at liberty to copy them in to Graham’s inspection letter and the subsequent 3 pointer note approved by you Stewart? Alternatively, should I now advise everyone who contacts me to send their complaint direct to Legal. Regards Richard Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh From: Sent: 22 April 2016 17:31 To: Richard Greene - Member Subject: Rubha Reidh Road Dear Mr Greene, I am fairly sure that you may have heard rather too much about his subject, but I would request that you clarify something for me. The Gairloch Community Council have issued a Press Release of a fairly optimistic nature. Despite my enquiries via the Facebook pages on the subject, no-one has been able to confirm that the Highland Regional Council has issued a formal pronouncement. Are you able to confirm that HRC have published a formal document confirming the position, and to point me to where I may see it? Yours sincerely From: Richard Greene - Member To: Stewart Fraser; Graham Mackenzie - CS; William Gilfillan Subject: FW: RR Road Date: 24 April 2016 11:38:06 Gents, Note the direct question to Highland Council. Is it on our land. Can we get a definite decision on this pronto! Regards Richard Richard Greene Independent Councillor Wester Ross, Strathpeffer and Lochalsh From: Gairloch Community Council [mailto:[email protected]] Sent: 24 April 2016 09:32 To: Richard Greene - Member Subject: RR Road Any news yet from Highland Council about sign removal? I am some what worried by the deafening silence from all except the MacLachlan's who appear not to accept the decision and are threatening court action to as many as they can! (certainly Sophie has heard from the MacLachlan's solicitor on a charge of Harassment!) After our good meeting with Mark last Wednesday we have heard nothing but are working away on new signs which were agred at the meeting.
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